Rapid Assessment of the impact of 2010 FWC on Child Abuse, Explotation & Trafficking by rudi reagon

Rapid assessment of impact of 2010 FIFA World Cup on the abuse, exploitation and trafficking of children

Molo Songololo

Rapid assessment of impact of 2010 FIFA World Cup on the abuse, exploitation and trafficking of children

2008 Cape Town, South Africa

Molo Songololo

3 Milner Road, Rondebosch 7700 / P.O. Box 53269, Kenilworth 7745 Tel: 021 685 0833 / Fax: 021 685 0837 / email: info@molo.org.za

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Acknowledgements The authors of this report wish to acknowledge those without whom, this research would not have been possible. These are: Molo Songololo - for commissioning the research, guiding the process, and playing a key role in organising and facilitating consultative forums in Cape Town, Tshwane, Johannesburg, Durban, Nelspruit and Polokwane. This involved arranging co-hosts, venues and catering, inviting key speakers and workshop participants including a wide range of stakeholders from different Government Departments, Host City representatives, the South African Police Services, child rights organisations and others. The success with which this has been achieved over a short time must be commended. Organisations that assisted by co-hosting workshops in different host cities, by providing venues and catering. These included the Human Sciences Research Council (HSRC), the Commission for Gender Equality (CGE), and the Film and Publications Board (FBP). Presenters at consultative forum workshops, notably: Cathy Ward (HSRC); Pam Naidoo (City of Cape Town Host City Unit); Director Jacobs (SAPS); Prof Vasu Reddy (HSRC); G. Nkwane (City of Tshwane 2010 Unit); National Ass. Comm. Ben Groenewald (SAPS); Goodness Dlamini (FPB); Dir. Gibson (SAPS); Cati Vawda (Childrenâ&#x20AC;&#x2122;s Rights Centre); Abiot Tjempe (FPB); Vusi Ndukuya (Amazing Grace the Mpulimo task team); Differ Mogale (City of Nelspruit); Priscilla Molaudzi, (Childline); Ndavhe Ramakulea (Polokwane 2010 UNIT); Senior Officer Pieterse (SAPS) Those who participated in consultative forums in targeted host cities, as well as those who have provided insights via telephone or email. Inputs obtained from a wide variety of role players form an integral component of this report, and has contributed greatly to improving the understanding of the situation of children around the country, as well as potential risks related to the 2010 FIFA World Cup (FWC). The Southern African Network against Trafficking and Abuse of Children (SANTAC) - for proposing that a study like this should be conducted during its first regional referral workshop in Maputo in December 2007. Patric Solomons, director of Molo Songololo, managed the overall project, and played a key role in organising the consultative forums, inviting key speakers, and facilitating workshops. Molo Songololo expresses its gratitude to the

HCI Foundation & SANTAC for the funding; without which the research and report would not be possible.

A special thank you to the authors of the report Liezle Coetzee & Cathy Charmes of Southern Hemisphere Consultants Tel: 021 421 0073 / Fax: 021 418 6397 / Email: liezel@southernhemisphere.co.za

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EXECUTIVE SUMMARY Introduction

The upcoming 2010 FIFA World Cup (FWC) in South Africa which is expected to generate more than $4 billion, the highest revenue in World Cup history; raises various concerns about the possible increase in the abuse, exploitation and trafficking of children during the games. It is feared that the 2010 FWC will create conditions that will increase the vulnerability of children and provide opportunities for abusers, exploiters and traffickers to meet the perceived increased demand for cheap labour and sexual services. The image of international and local male soccer which is characterised by million dollar deals, high earnings, celebrity, hooliganism, partying, excessive drinking, drugs and sex; further raises concerns for the safety and protection of children. Molo Songololo contracted Southern Hemisphere Consultants (SHC) to conduct a Rapid Assessment of the possible impact of the 2010 FWC and to identify strategies and make recommendations for the prevention of abuse, exploitation and trafficking of children during 2010 as well as for future major sporting or other events. The research was financed by The HCI Foundation, SANTAC and Molo Songololo. Specific objectives of the consultancy were to: 

Identify any specific impact that indicate possible increase in the abuse, exploitation and trafficking in children as a direct result of an international sporting or other event

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Identify any other key factors, legislative framework and role-players in host countries that contributed to or prevented abuse, exploitation and trafficking of children

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Provide an overview of key factors (location, demand, legislative framework, other) in South Africa and its neighbouring countries that most likely will impact on the possible increase of abuse, exploitation and trafficking of children during 2010 FWC

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Examine the key security strategies and measures applied during recent international sporting or other events; including any specific child protection strategies and measures applied to deter abusers, exploiters and traffickers

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Identify key role-players, services and responses in South Africa and elsewhere in Southern Africa to prevent and combat trafficking in children

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Provide overview and examine the Operational Plan and Security Plan for the 2010 FWC and the of South African Migration Services, Border Control and the South African Police Services.

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Provide recommendations on strategies and measures to be taken for the prevention of abuse, exploitation and trafficking in children during 2010 FWC ; including preventative measures; early intervention; deterring abusers, exploiters and traffickers – visible policing; identification of, support to and protection for victims; hotlines, counselling and support centres; and Identification of abusers, exploiters and traffickers, charging and prosecution.

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The research and consultations focused on key role-players at provincial, national and regional levels as stipulated in the Terms of Reference for this assignment. These included: SA Government departments; FIFA & SA Sporting bodies; SA & Regional Non Governmental organizations; Child Protection Authorities and Groups; International Intergovernmental Agencies; International NGOs; Border crossing authorities; Regional government agencies; Airlines, tour & travel agencies; Host cities. The proposed objectives and scope as requested in the Terms of Reference could be considered ambitious for the timeframe of this â&#x20AC;&#x2DC;Rapid Assessmentâ&#x20AC;&#x2122; spanning 3 months from mid-July to mid-October. This posed challenges in terms of the design and implementation of a suitable strategy to reach a large number of stakeholders and integrate information from diverse fields in a short period of time. While a large number of stakeholders were targeted, response from certain key stakeholders is still awaited. The report is divided into sections covering the following key themes: Introduction and Approach (Sections 1 & 2); Research Context (Sections 3 & 4); Potential Impacts (Section 5); Responses to trafficking (Sections 6&7); Gaps in protection strategies (Section 8); Key findings, Recommendations and Conclusion (Sections 9 & 10). Methodology

The research method involved: 1. Consultation with the client (Molo Songololo) to clarify expectations and refine the research approach 2. A detailed literature review of available information on Human Trafficking, particularly focused on Trafficking in Children 3. A consultation process involving a series of consultative forums with key stakeholders in Host Cities around South Africa. A total of 214 stakeholders participated in workshops held in Cape Town, Tshwane, Johannesburg, Durban, Nelspruit and Polokwane 4. Telephonic and email consultations with selected stakeholders 5. Integrating findings of the literature review and consultation processes in this report a) Draft Report for validation and comment b) Presentation of draft report to key reference group c) Final Report. Table 1 below provides an overview of the structure of the report.

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo Table 1: Structure of Report Introduction and Approach Introduction, Objectives & Scope Approach & Methodology

Section 1 Section 2

Context: Trafficking Context FIFA Context

Section 3 Section 4

Impacts Potential Impacts of 2010 on trafficking

Section 5

Responses to trafficking Legislation Role Players

Section 6 Section 7

Gaps Gaps in child protection strategies

Section 8

In conclusion… Key Findings and Recommendations Conclusion

Section 9 Section 10

Trafficking Context

Trafficking in persons is a problem which pre-dates the modern era. In Africa trafficking of persons dates back to the slave trade which involved abduction and transportation of people to slave markets in Africa and across the Atlantic Ocean to the Americas from the 1440s onward. Media and research reports suggest that in South Africa children are trafficked for many reasons including for labour and sexual exploitation. They are also trafficked to be beggers, street vendors, housebreakers and drug runners. In South Africa trafficking in persons is both a trans-national crime as well as a crime that takes place within the borders of the country. The primary factors that facilitate trafficking in persons are: poverty, family breakdown, gender discrimination, culture, HIV/AIDS, war, natural disasters and political instability, ignorance and demand. Other factors include weak laws and corruption and migration.1 Definition of trafficking

The Palermo Protocol2 states that: “Trafficking in children involves the way a child is removed from her or his usual environment and subsequent exploitation by others that violates the child's human rights”. It outlines the exploitative situations which constitute child trafficking which include: exploitation of the prostitution of others, other forms of sexual exploitation,

Molo Songololo 2008. Terms of Reference for Rapid Assessment

The Palermo Protocol (United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children) was adopted in

December 2000 with South Africa being one of the signatories Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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forced labour or services, slavery or practices similar to slavery, servitude, the removal of organs. The Palermo Protocol definition “can be applied to both internal and cross-border trafficking and sets the legal framework for the prosecution of non-organised trafficking, in the sense of local, and spontaneous or opportunistic rather than as part of large organised crime syndicates”.3 Extent of trafficking internationally

The United Nations estimates that child-trafficking generates $US 7 to10 billion annually for traffickers (human trafficking is estimated at upwards of $US 30 billion annually), citing trafficking in persons as the second most lucrative crime around the world next to the drug trade. 30% of trafficking victims are below the age of 18. Child trafficking is dramatically increasing with between 1.2 to 2 million children trafficked each year. Sexual exploitation of children is estimated to surpass 10 million annually.4 Statistics on trafficking are not easily available as information reported to the police is captured under alternative charge such as racketeering, abduction, or organised crime. This report contains an overview of trends in trafficking in sub-Saharan Africa, focusing on countries that have reported links to South Africa with regards to intra-regional trafficking. Children and trafficking in South Africa

South Africa is seen as a source, destination and transit country for trafficking in persons as it is perceived in and outside the continent as the economic giant in Africa offering many opportunities. Both internal and external trafficking are sources of concern. Trafficking is further spurred by increasing sex tourism. There is evidence around child labour and recruitment processes involving gangs, drug sellers and runners, pointing to increased vulnerability of children. Despite significant efforts made by the South African government to combat trafficking in persons (ratification of the Palermo Protocol and progress on developing a national plan of action to deal with the problem) the country has been placed on the “Tier 2 Watch List” by the United States Department of Trafficking in Persons for the past four years for not meeting the minimum standards needed to eliminate trafficking, and being unable to provide data on trafficking crimes which have been investigated or prosecuted, or of efforts to protect victims of trafficking. Factors contributing to vulnerability of children in South Africa include lack of care, poor social capital and capacities, context and resources, and circumstances. Vulnerable children are at risk of being recruited into abusive and exploitative labour practices. Trafficking and Major Events

It has been argued that there are at least two ways in which international sporting events can affect human trafficking. Firstly it can contribute to a short-term increase in demand for prostitution and other forms of sexual exploitation in and around the event. Secondly, it can

3 4

UNESCO, (2007:15), Human Trafficking in South Africa: Root Causes and Recommendations http://gooddeedsinternational.org/index.php?option=com_content&task=view&id=41

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facilitate the entry of trafficked persons as “visitors” before they are transited to other cities or countries where they are exploited. The study looked at examples from the 2005 Olympic Games in Greece, and the 2006 FIFA World Cup in Germany, where research had been done around campaigns to prevent/ deal with potential trafficking impacts. The importance of large scale awareness campaigns was highlighted in both these instances, and also forms part of the key strategies proposed to limit potential trafficking in persons resulting from the 2010 Olympic Games in Canada. FIFA Context

During June and July of 2010 South Africa will host the 2010 FWC. Thirty-two teams will arrive two to three weeks prior to the tournament and then, during a period of 43 days, an estimated 2.7 million local spectators will view 64 matches played in nine cities around the country. It is also estimated that there will be an estimated 350 000 to 500 000 visitors to the country. It is estimated that 20 million fans will watching the games on big screens at fan parks across the country.5 The nine cities where the event will take place include: Cape Town, Port Elizabeth, Durban, Bloemfontein, Rustenberg, Pretoria, Johannesburg, Nelspruit and Polokwane. The 2010 FWC will be preceded by the Confederation Cup, which will take place in South Africa from 14-28 June 2009. The FIFA Confederations Cup will be played at Johannesburg’s Ellis Park Stadium, Tshwane/Pretoria’s Loftus Versfeld Stadium, Mangaung/Bloemfontein’s Free State Stadium and Rustenburg’s Royal Bafokeng Sports Palace. The report provides an overview of the ‘event footprint’, noting host cities and stadiums, training facilities, fan parks and public viewing areas, as well as key entry points (airports, border posts and harbours), followed by a look at FIFA’s interaction with children through social responsibility initiatives and school programmes. FIFA and Host City Security Plans are also examined, looking at matters pertaining to international cooperation regarding security; national security, host city security, border control and airport security. Potential Impacts of the 2010 FIFA World Cup on Trafficking in Children (TIC)

This section begins with an overview of concerns raised around the potential impact of the 2010 FWC on human trafficking, looking at concerns raised by international organisations, as well as regional and national concerns. This is followed by a discussion of high risk factors or potential threats to children during the 2010 FWC, and a look at issues around internal and external trafficking. The section concludes with a look at who the most vulnerable children might be. These issues are summarised below: High risk factors/threats to child safety

Risks related to the potential impact of a large event on trafficking in children include supply and demand as well as opportunity factors: 

Large influx of people with expectations of economic opportunities creates ripe ground for trafficking

FIFA 2010 World Cup Research Project http://www.hsrc.ac.za/Research_Programme-Page-80.phtml (accessed on 26/7/08)

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Short term increased demand for prostitution/ sexual exploitation/ cheap labour in and around the event

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Facilitate entry of trafficked persons as “visitors” before they are transited to other cities or countries where they are exploited.

The actual significance of some of these risks requires some investigation. It is worth noting that the actual magnitude of foreign visitors may not be much different to normal tourist numbers, however their distribution around the country can be expected to differ, concentrating around the host cities and surrounding areas. The risk of organised crime escalating during the event, incited by potential opportunities, and potentially facilitated by relaxed visa requirements, could require further investigation. Types of activities considered to be a danger to children and considered exploitative include domestic child labour; commercial and agricultural work; car guards; taxi related work; street entertaining; vending; begging; criminal and drug related activity; transactional sex; and sexual exploitation – paid and unpaid6 Poverty and expectation of economic gain

An increase in child labour could result from parents sending their children to the street to beg for money from tourists or children being recruited to sell paraphernalia. Tourists may also lack information regarding the trafficking of children for purposes of child labour which may exacerbate the problem. The event could lead to an increase in need for cheap labour, and opportunities for petty crime and begging. The increase in demand for domestic work may lead to girls being recruited from rural areas. Increased demand for sexual services

There is concern that, with the huge crowds that the event will draw, there may be an increase in demand for sexual services and that this will lead to an increase in the trafficking in children for purposes of sexual exploitation. The concern is based on the argument that a temporary gathering of persons in a setting such as the World Cup will lead to an increase in demand for sexual services and this demand will be filled by trafficked victims. Existing trends in sex tourism are also noted.

Cati Vawda,(Children's Rights Centre), “Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September 2008)

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Increase in organised crime

The fact that gangs and organized crime syndicates are already operating in the country was raised during consultation for this research, with concerns that these criminal groups are targeting children in order to fulfil the perceived increase in demand for prostitution and drugs which the event is expected to bring. Increased consumption of alcohol

The increased consumption of alcohol and relaxed laws related to the consumption of alcohol in public spaces during the event was considered as another factor which may contribute to increasing the vulnerability of children. Closing of Schools

The fact that the schools will be closed during the 2010 FWC has been identified as potential risk factor as this will lead to a sharp increase in the number of unattended children. Relaxing of Border Control

South Africa is planning to introduce visa-free travel across southern Africa in time for the 2010 FWC with the purpose of promoting tourism and freer business travel and trade in the region. Internal and External Trafficking

This section begins with an overview of what may be regarded as potential ‘hotspots’ or ‘danger zones’ for trafficking, followed by an overview of potential risks associated with internal as well as external trafficking of children. There was general consensus at the workshops that children in host cities are vulnerable, as are those in peri-urban and rural areas. Internal trafficking concerns relate primarily to recruitment of children from rural areas for exploitation in the major Host Cities. Concerns were also raised that children may make their own way to the cities in a desire to be part of festivities, which could render them vulnerable to exploitation. In the region: Countries with reported trafficking links with South Africa include Angola; Botswana; Congo, Democratic Republic; Congo, Republic; Lesotho; Mozambique; Malawi; Namibia; Swaziland; Tanzania; Zimbabwe; Zambia. Known links with Mozambique, Zimbabwe and Swaziland were particularly highlighted during consultation. Relaxing of visa requirements for travel in the SADC region could contribute to potential risks of increased migration that could include trafficking. Trafficking in women and children for sexual exploitation has been noted as a significant problem in Southern Africa, which is known as both a transit country and destination country for trafficking activities in the region. Children identified to be most “at risk”

Participants in consultative forums noted that all children are vulnerable to abuse, exploitation and trafficking during the event. This is largely because many of them lack awareness around the dangers of trafficking. Economic vulnerability is a major cause exacerbated by emotional reality and previous abuse. Children on the street are particularly economically Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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vulnerable, as are children living in poverty and children from other African countries. Children identified during workshops to be most at risk include unattended children, street children, and refugee children. Legislation to address Trafficking in Persons

There are five important international instruments which provide a framework for protecting the rights of children globally and some which deal specifically with trafficking in children. These are highlighted in the report. A summary of relevant legislation dealing with trafficking and related offences in countries around the Southern African region reported to have links with South Africa in terms of trafficking networks is also provided in the report. Mozambique, which has been noted as a key source of victims, recently passed comprehensive trafficking legislation. Key pieces of legislation which provide the constitutional and legal obligations related to the protection of children in South Africa include: 

The Constitution of the Republic of South Africa, 1996

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The Children's Act no 38 of 2005

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The South African Law Reform Commission into Trafficking in Persons (Project 131)

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Basic Conditions of Employment Act, 57 of 1997

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Criminal Law (Sexual Offences and Related Matters) Amendment Act no 32 of 2007

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The Refugee Act, 130 of 1998

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The Films and Publications Act, 65 of 1996 as amended 2004

Role-players, Programmes and Responses

There are number of programmes and interventions undertaken by different sectors in order to deal with the problem of human trafficking in South Africa. Most of them do not target children specifically but are directed at all sectors of the population. There are two areas where the government has intervened in order to fight trafficking. These include ratifying the Palermo Protocol and establishing an inter-sectoral task team on trafficking in persons. At the same time, there are a range of policy interventions being undertaken by various government departments and institutions. The human trafficking InterSectoral Task Team was established in December 2003 and is located within the National Prosecuting Authority (NPA). It is chaired by the Sexual Offences and Community Affairs Unit (SOCA). It consists of a ten-member task team which includes: Departments of Labour, Home Affairs, Social Development, Justice and Constitutional Development, the International Organisation for Migration (IOM), the United Nations Office on Drugs and Crime (UNODC), the SAPS Organised Crime Unit and Ports of Entry, and Molo Songololo. Relevant government departments with responsibilities related to trafficking that are discussed in the report include: NPA/SOCA Unit; Department of Labour; SAPS Organized Crime Unit; Family Violence, Child Protection and Sexual Offences Unit; Ports of Entry SAPS; Department of Home Affairs; Department of Social Development; Department of Foreign Affairs; Film and Publications Board (FPB); and the Commission for Gender Equality.

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The following international organisations play a key role in the fight against human trafficking in Southern Africa: International Organisation for Migration (IOM) – Southern African Counter Trafficking Assistance Programme (SACTAP); The International Labour Organisation (ILO); The United Nations on Drugs and Crime (UNODC); and International Social Services (ISS). International and regional networks operating to combat trafficking in Children include ECPAT International, SANTAC, and Terre des Hommes There are a wide range of civil society organisations across South Africa which focus on children and provide services such as counselling and support, protection from violence and abuse, and advocating for children's rights. These include: Child Welfare SA; Childline; Western Cape Provincial Task Team; Molo Songololo; Western Cape Children’s Forum; Berea Home of Hope; New Life Centre; Anex-CDW; Rapcan; Network against child labour; and Amazing Grace Children’s Home. Gaps in Child Protection Strategies

The U.S. State Department of Trafficking in Persons 2008 Annual Report notes limitations to strategies to curb trafficking in terms of prosecution, protection, and prevention in South Africa. Participants in consultative forums conducted in Host Cities as part of this research process identified some key gaps and challenges which will contribute to children’s vulnerability to trafficking during the 2010 FWC and beyond. These include: lack of statistics; lack of anti-trafficking legislation; and the fact that there is still no integrated approach to the problem of trafficking which includes prevention strategies and protection of victims of child trafficking, despite the establishment of an inter-sectoral task team to address the issue. Conclusion, Recommendations and Way Forward

The report concludes that the 2010 FIFA World Cup in South Africa could have potential impacts on the exploitation, abuse and trafficking of children, particularly within the South African context where trafficking networks within the country and region already exist, and high levels of poverty in the region renders people (particularly children) vulnerable to the lures of traffickers in anticipation of economic gain. Within this context stakeholders consulted in this process expressed concern at the lack of a child safety plan as part of the SAPS or host city Security Plans for the event. The issue of internal trafficking was noted as a particular concern. Rural areas, particularly those along major transport routes, are considered especially vulnerable for recruitment of children. The risk of children making their own ways to cities, thus rendering them vulnerable to exploitation, is also worth considering. As trafficking networks in the region are already reported as a risk, external trafficking, particularly within the region, has a very strong likelihood of increasing in expectation of economic gain around the event. While all children may be vulnerable to trafficking, there are certain groups that can be considered more vulnerable than others. A key obstacle in the assessment of potential risks of trafficking is the lack of statistics with which to quantify the problem. This obstructs effective prevention as well as support mechanisms with which to deal with the current situation, or potential impacts resulting from the 2010 FWC. The lack of numbers with which to describe the problem can also be a constraint to accessing resources to address it. Current judicial systems in the region predominantly lack specific legislation dealing with trafficking, although offenders are prosecuted under various other laws and codes in Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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respective countries. In South Africa a comprehensive human trafficking bill was drafted by June 2007, but has not yet been passed, and it could be long before it is implemented. Other legislation is used to prosecute traffickers, which is part of the problem with obtaining accurate statistics on the problem as it is not officially reported on. There are numerous role players at international, regional and local, intergovernmental, governmental, and non-governmental levels that are concerned with the issue of human trafficking, and trafficking in children in particular. There appears to be lack of integration between these role players in terms of comprehensive strategies to combat trafficking and provide victim support. Recommendations identified to address concerns identified in this study are as follows: 

Recommendation 1: Integrate a “Child Safety Plan” into the national, provincial and local 2010 FWC Security Plans and Operational Plans

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Recommendation 2: Educate tourists on the current vulnerable status of children and the problem of trafficking

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Recommendation 3: Enhance the ability of border officials to identify victims of child trafficking and deal effectively with cases of child trafficking

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Recommendation 4: Ensure that those children in vulnerable groups, which include ‘unattended children’, street children and refugee children are specifically targeted when planning any intervention plan aimed at reducing the impact of 2010 FWC on child trafficking.

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Recommendation 5: Establish a routine, co-ordinated data collection strategy in order to monitor the problem of trafficking in children

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Recommendation 6: A clear legal framework for the protection of victims of trafficking and the prosecution of offenders to be finalised and implemented before the 2010 FWC

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Recommendation 7: Develop an integrated and comprehensive strategy to protect children from abuse, exploitation and trafficking for 2010 FWC and beyond.

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Recommendation 8: Launch a co-ordinated public awareness campaign targeted towards both the general public and more specifically towards children

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Recommendation 9: Establish a strong network of victim protection and support services for 2010 FWC and beyond.

The implementation of all the recommendations identified in this study would require a committed, integrated approach involving multiple stakeholders from different spheres of government and civil society. It is recommended that the practical implementation of recommendations be workshopped amongst key stakeholders to identify priority strategies with which this concern can be most effectively and efficiently addressed, taking into account existing time, capacity and resource constraints, as well as logistical complexity of coordination. A Plan of Action should be drafted and responsibilities assigned to key roleplayers in terms of activities required to work towards the objective of minimising potential risks to children posed by the 2010 FWC, and in the process strengthen existing networks that work towards the elimination of child abuse, exploitation and trafficking.

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Table of contents

Page No.

EXECUTIVE SUMMARY ..................................................................................................................................IV 1

INTRODUCTION ........................................................................................................................................ 1

1.1 Research Objectives and Scope ............................................................................................................................1 1.1.1 Objectives .......................................................................................................................................................1 1.1.2 Scope ..............................................................................................................................................................2 1.2

Research Limitations ............................................................................................................................................2

1.3

Structure of report................................................................................................................................................3

APPROACH AND METHODOLOGY .......................................................................................................... 4

2.1

Planning workshop ...............................................................................................................................................4

2.2

Literature Review .................................................................................................................................................4

2.3

Consultation ..........................................................................................................................................................4

2.4

Reporting ..............................................................................................................................................................5

3 3.1

TRAFFICKING CONTEXT .......................................................................................................................... 6 Definition of trafficking ........................................................................................................................................7

3.2 Extent of Trafficking ............................................................................................................................................8 3.2.1 Ranking Global Response to Trafficking..........................................................................................................8 3.2.2 Regional Context.............................................................................................................................................9 3.3 Children and Trafficking in South Africa..........................................................................................................11 3.3.1 The current vulnerable status of children in South Africa ...............................................................................11 3.3.2 Factors contributing to vulnerability ..............................................................................................................13 3.3.3 Understanding trafficking in children.............................................................................................................14 3.3.4 Quantifying the problem................................................................................................................................16 3.4 Trafficking and Major Events ............................................................................................................................17 3.4.1 The 2004 Olympic Games in Greece..............................................................................................................17 3.4.2 The 2006 FIFA World Cup in Germany.........................................................................................................18 3.4.3 2010 Olympics in Canada..............................................................................................................................20 4

FIFA CONTEXT........................................................................................................................................ 22

4.1

Event Footprint...................................................................................................................................................22

4.2

Investment around the 2010 FWC......................................................................................................................26

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FIFA and Children .............................................................................................................................................26

4.4 FIFA and Host City Security Plans ....................................................................................................................28 4.4.1 International Cooperation ..............................................................................................................................28 4.4.2 National Security...........................................................................................................................................28 4.4.3 Host City Security.........................................................................................................................................30 4.4.4 Border Control ..............................................................................................................................................31 4.4.5 Airport Security ............................................................................................................................................33 5

POTENTIAL IMPACTS OF THE 2010 FIFA WORLD CUP ON TRAFFICKING IN CHILDREN (TIC) ........ 34

5.1 Impact on human trafficking – concerns raised in literature reviewed.............................................................34 5.1.1 Concerns raised by international organisations...............................................................................................34 5.1.2 Regional and national concerns......................................................................................................................35 5.2 High risk factors/threats to child safety..............................................................................................................37 5.2.1 Poverty and expectation of economic gain .....................................................................................................38 5.2.2 Increase in child labour..................................................................................................................................39 5.2.3 Increased demand for sexual services.............................................................................................................39 5.2.4 Increase in organised crime ...........................................................................................................................42 5.2.5 Increased consumption of alcohol ..................................................................................................................43 5.2.6 Closing of Schools ........................................................................................................................................44 5.2.7 Relaxing of Border Control ...........................................................................................................................45 5.3 Internal and External Trafficking......................................................................................................................45 5.3.1 Geographical Hotspots/ danger zones ............................................................................................................45 5.3.2 Increase in internal trafficking in children ......................................................................................................47 5.3.3 Potential increase in external trafficking ........................................................................................................47 5.4 Children identified to be most “at risk” .............................................................................................................49 5.4.1 “Unattended” children ...................................................................................................................................50 5.4.2 Street children ...............................................................................................................................................50 5.4.3 Refugee children ...........................................................................................................................................50 6

LEGISLATION TO ADDRESS TRAFFICKING IN PERSONS ................................................................... 52

6.1

International Legal Framework .........................................................................................................................52

6.2

Regional Legislation............................................................................................................................................53

6.3 National legislative framework...........................................................................................................................55 6.3.1 The Constitution of the Republic of South Africa, 1996 .................................................................................55 6.3.2 The Children's Act no 38 of 2005 ..................................................................................................................55 6.3.3 Basic Conditions of Employment Act, 57 of 1997..........................................................................................56 6.3.4 Criminal Law (Sexual Offences and Related Matters) Amendment Act no 32 of 2007 ....................................56 6.3.5 The Immigration Act 13 of 2002....................................................................................................................56 6.3.6 The Refugee Act, 130 of 1998 .......................................................................................................................57 6.3.7 The Films and Publications Act, 65 of 1996 as amended 2004........................................................................57 6.3.8 The South African Law Reform Commission into Trafficking in Persons (Project 131) ..................................58 Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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ROLE-PLAYERS, PROGRAMMES AND RESPONSES ........................................................................... 59

7.1 Government interventions and policies ..............................................................................................................59 7.1.1 The human trafficking Inter-Sectoral Task Team ...........................................................................................59 7.1.2 Child Labour Programme of Action (CLPA)..................................................................................................60 7.1.3 Relevant government departments and responsibilities related to trafficking...................................................61 7.2 International organizations ................................................................................................................................65 7.2.1 International Organisation for Migration (IOM) – SACTAP..........................................................................65 7.2.2 The International Labour Organisation (ILO).................................................................................................66 7.2.3 The United Nations Office on Drugs and Crime (UNODC) ............................................................................66 7.2.4 International Social Services (ISS).................................................................................................................67 7.3 International and regional networks that focus on child trafficking .................................................................67 7.3.1 ECPAT International.....................................................................................................................................68 7.3.2 SANTAC ......................................................................................................................................................68 7.3.3 Terres des Hommes.......................................................................................................................................68 7.4 Civil Society Organisations and networks..........................................................................................................69 7.4.1 Child Welfare SA..........................................................................................................................................69 7.4.2 Childline .......................................................................................................................................................70 7.4.3 Western Cape Provincial Task Team .............................................................................................................70 7.4.4 Molo Songololo ............................................................................................................................................70 7.4.5 Western Cape Children’s Forum....................................................................................................................70 7.4.6 Khulisa Management Services .......................................................................................................................71 7.4.7 Berea Home of Hope .....................................................................................................................................72 7.4.8 New Life Centre............................................................................................................................................72 7.4.9 AnexCDW ....................................................................................................................................................72 7.4.10 Rapcan..........................................................................................................................................................72 7.4.11 Network against child labour .........................................................................................................................72 7.4.12 Amazing Grace .............................................................................................................................................73 7.4.13 Fair Trade Tourism South Africa - The Code .................................................................................................73 8

GAPS IN CHILD PROTECTION STRATEGIES ........................................................................................ 74

8.1

Lack of statistics..................................................................................................................................................74

8.2

Lack of anti-trafficking legislation .....................................................................................................................75

8.3 Lack of integrated, comprehensive strategies, plans and programmes to deal with trafficking .......................77 8.3.1 Prevention.....................................................................................................................................................77 8.3.2 Victim care and support.................................................................................................................................79 8.4

Lack of a child safety plan for 2010 FWC ..........................................................................................................81

9 KEY FINDINGS AND RECOMMENDATIONS TO PREVENT TRAFFICKING, ABUSE AND EXPLOITATION OF CHILDREN...................................................................................................................... 84 9.1

Key Findings .......................................................................................................................................................84

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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Molo Songololo 9.1.1 9.1.2 9.1.3 9.1.4 9.1.5 9.1.6 9.1.7 9.1.8 9.1.9

Trafficking Context .......................................................................................................................................84 FIFA Context ................................................................................................................................................84 High risk factors............................................................................................................................................84 Internal trafficking ........................................................................................................................................84 External trafficking .......................................................................................................................................85 Children at risk..............................................................................................................................................85 Legislation ....................................................................................................................................................85 Role players ..................................................................................................................................................85 Gaps and challenges ......................................................................................................................................85

9.2 Recommendations...............................................................................................................................................86 9.2.1 High risk factors............................................................................................................................................86 9.2.2 Internal trafficking ........................................................................................................................................87 9.2.3 External trafficking .......................................................................................................................................87 9.2.4 Children at Risk ............................................................................................................................................88 9.2.5 Gaps .............................................................................................................................................................89 10

CONCLUSION AND WAY FORWARD ................................................................................................. 96

REFERENCES...................................................................................................................................... 98

STAKEHOLDERS TARGETED THROUGH CONSULTATIVE FORUMS....................................................... 106 STAKEHOLDERS TARGETED THROUGH FOLLOW-UP EMAIL AND TELEPHONIC CONSULTATION .... 109 Research into trafficking in children ........................................................................................................................... 110 Key research studies................................................................................................................................................... 110 Gaps in research ......................................................................................................................................................... 112 List of Tables Table 1: Structure of Report .............................................................................................. VI Table 2: Trafficking in Sub-Saharan Africa ........................................................................... 10 Table 3: Host Cities, Stadiums, Training Venues, Fanparks, Points of Entry.............................. 23 Table 4: International Legal Framework as ratified by the South African Government................ 52 Table 5: Government Responses to Trafficking in Sub-Saharan Africa ..................................... 53 Table 6: Department of Social Development Places of Safety ................................................. 80 List of Annexes Annex 1 Stakeholders consulted in Consultative Forums and follow-up consultation Annex 2 Research into trafficking in children Annex 3 Statistics pointing to vulnerability Annex 4 South African Borders Map Annex 5 South African Railway routes Map Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

INTRODUCTION

The upcoming 2010 FIFA World Cup (FWC) which will take place in South Africa is raising various concerns about the possible increase in the abuse, exploitation and trafficking of children during the games. It is feared that the 2010 FWC will create conditions that will increase the vulnerability of children and provide opportunities for abusers, exploiters and traffickers to meet the perceived increased demand for cheap labour and sexual services. Various role-players and countries hosting recent, upcoming and future international sports or other events are increasingly taking the threat seriously. However, there is very little research and information on the impact of international sporting or other events on 

the vulnerability of children



how traffickers expand their operations



demand for cheap and exploitable services

Molo Songololo contracted Southern Hemisphere Consulting Services (SHC) to conduct a Rapid Assessment of the possible impact of the 2010 FWC and to identify strategies and make recommendations for the prevention of abuse, exploitation and trafficking of children during 2010 as well as for future major sporting or other events. The research is financed by The HCI Foundation, SANTAC and Molo Songololo. Research Objectives and Scope

1.1

This section outlines the research objectives and scope for this assessment as stipulated in the Terms of Reference for this assignment. 1.1.1

Objectives

Specific objectives of the consultancy were to explore the following areas: 

Identify any specific impact that indicate possible increase in the abuse, exploitation and trafficking in children as a direct result of an international sporting or other event



Identify any other key factors, legislative framework and role-players in host countries that contributed to or prevented abuse, exploitation and trafficking of children



Identify key role-players, services and responses in South Africa and elsewhere in Southern Africa to prevent and combat trafficking in children



Provide overview and examine the Operational Plan for the 2010 FWC and the South African Migration Services, Border Control and Police Security Plan for 2010 FWC .

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo



Provide recommendations on strategies and measures to be taken for the prevention of abuse, exploitation and trafficking in children during 2010 FWC ; including o Preventative measures – awareness, education and training o Early intervention - raids, checks and surveillance at key transport, border and host city locations. o Deterring abusers, exploiters and traffickers – visible policing o Identification of, support to and protection for victims; hotlines, counselling and support centres o Identification of abusers, exploiters and traffickers, charging and prosecution

1.1.2

Scope

Research and consultations focused on key role-players at provincial, national and regional levels as stipulated in the Terms of Reference for this assignment. These included:

1.2



SA Government departments



FIFA & SA Sporting bodies



SA & Regional Non Governmental organizations



Child Protection Authorities and Groups



International Intergovernmental Agencies



International NGOs



Border crossing authorities



Regional government agencies



Airlines, tour & travel agencies



Host cities Research Limitations

The wide range of stakeholders to be consulted in a limited time frame necessitated an innovative approach and hence the stakeholder consultation workshops were introduced. A limited process of telephonic interviews and email correspondence was undertaken with certain key stakeholders who could not attend the workshops, whose inputs were considered essential. The availability of appropriate representatives from key stakeholder groups such as FIFA and the South African Police Services (SAPS) to respond to questions provided some constraints in this process. Inputs and comments from FIFA and the South African Local Organising committee could unfortunately not be obtained in time for inclusion in this report. It is hoped that, should FIFA or the SA LOC wish to comment on the final report, such comments can be included in an addendum to the report.

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

1.3

Structure of report

Section 2 discusses the research approach and methodology used to conduct this rapid assessment. Section 3 provides an overview on trends in trafficking in persons, particularly children, both globally, in Africa and South Africa. The section looks at particular areas that can be considered high targets, and also looks at age groups most at risk. The section also looks at specific factors that make children in South Africa most Vulnerable to Trafficking. The section concludes with a review of research done around the potential impacts on trafficking of other major events, including the 2004 Olympics in Greece and the 2006 Fifa World Cup in Germany, as well as research conducted for the 2010 Olympics in Canada. Section 4 provides a contextual overview of the 2010 FWC in South Africa, specifically looking at Host Cities involved, to obtain an indication of where impacts can be expected. This section also investigates specific security measures to be undertaken by FIFA, the 2010 FWC Organising Committee, the Host City Committees, and the South African Police Service (SAPS) for the 2010 FWC . Section 5 looks at potential impacts on child trafficking that may be expected from the 2010 FWC . This section provides an overview of public opinion regarding the impact of 2010 FWC on safety, and tries to provide a realistic picture of what impacts may be expected, looking at potential threats and concerns around the 2010 FWC event. Section 6 provides a detailed overview of specific legislation related to Trafficking in Persons both globally and in South Africa. Section 7 examines the status quo in terms of role players, policies, and programmes aimed to address trafficking. Key role players and stakeholders in the sector are noted, along with specific programmes and responses to address the problem of trafficking. Section 8 highlights gaps in child protection strategies, looking at relevant legislation and specific policy and programme responses to trafficking by key role players, as well as safety measures specifically related to the 2010 FWC event. Section 9 provides recommendations on how best to address potential impacts of the 2010 FWC on Trafficking in Children. Safety and protection mechanisms of previous World Cups and other International Sporting events are noted, along with suggestions obtained during the consultative process on potential strategies to prevent an increase in trafficking, abuse and exploitation of children resulting from the influx of tourists anticipated during the 2010 FWC . Section 10 concludes with a summary of key findings and recommendations.

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

APPROACH AND METHODOLOGY

The research approach has involved: 1. Consultation with the client (Molo Songololo) to clarify expectations and refine the research approach 2. A detailed literature review of available information on Human Trafficking, particularly focused on Trafficking in Children 3. A consultation process involving a series of consultative forums with key stakeholders in Host Cities around South Africa. A total of 214 stakeholders participated in workshops held in Cape Town, Tshwane, Johannesburg, Durban, Nelspruit and Polokwane 4. Telephonic and email consultations with selected stakeholders 5. Integrating findings of the literature review and consultation processes in this report d) Draft Report for validation and comment e) Presentation of draft report to key reference group f) Final Report. These activities are discussed below: 2.1

Planning workshop

A planning workshop was held on 14 July 2008 to discuss expectations of the assessment, identify a target sample for consultation, and agree on key research questions to be addressed. During this workshop it was agreed to restructure the fieldwork process to target the maximum number of role players in the field. It was decided to do this through a series of consultative forums in each of the host cities targeted, followed by limited followup telephonic and email consultation with key role players. This replaced the proposed indepth interviews and focus groups with key role-players in each of the cities targeted, as the project budget and time-frame did not allow sufficient time to cover the proposed sample in this manner. 2.2

Literature Review

A detailed review of available literature on Human Trafficking, and Child Trafficking in particular, as well as the potential impacts of major events on trafficking, was undertaken to provide a context for the assessment. Sources consulted are listed in the Reference Section of this document. 2.3

Consultation

Planning for the consultative process involved identifying key stakeholders and arranging workshops, which was undertaken by Molo Songololo. A series of consultative forums were conducted in Host Cities around South Africa during August and September. Consultative forums were co-hosted by the Human Science Research Council (HSRC), the Commission for Gender Equality (GCE) and the Film and Publications Board (FPB). A total of 214 participants participated in consultative forums held in Cape Town, Tshwane, Johannesburg, Nelspruit and Polokwane between 12 August and 2 October. Stakeholders targeted during these workshops, as well as follow-up telephonic and email consultation with key role-players are summarised in Annex 1. Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

2.4

Reporting

This report combines information obtained from the literature review and consultation process to address key research questions as outlined in the Terms of Reference, and those identified during the research planning workshop.

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

TRAFFICKING CONTEXT

Trafficking in persons is a problem which pre-dates the modern era. In Africa trafficking in persons dates back to the slave trade which involved abduction and transportation of people to slave markets in Africa and across the Atlantic Ocean to the Americas from the 1440s onward. In the Cape Colony of the seventeenth century the slave trade resulted in the Dutch “importing” people from Indonesia and Java among other places. South Africa has a history in trafficking of persons which dates back more than 350 years. Modern day trafficking in persons, however, does not only occur in Africa and is not only a transnational phenomenon. People are trafficked across and within national borders into various sectors of domestic economies. Men, women and children are trafficked into domestic service, to work in factories and sweatshops, into the agricultural sector and into sex industries. Media and research reports suggest that in South Africa children are trafficked for labour and sexual exploitation; as well as beggars and street vendors. They are also trafficked to engage in illegal activities such as drug running and housebreaking. They are also trafficked for their organs. In addition they are trafficked as mail-order brides and for purposes of cross-border adoption. This trafficking can be highly organised as evidenced by the sophisticated networks of transnational syndicates or it can be facilitated by individuals. In South Africa trafficking in persons is both a transnational crime as well as a crime that takes place within the borders of the country. The primary factors that facilitate trafficking of persons are: poverty, family breakdown, gender discrimination, culture, HIV/AIDS, war, natural disasters and political instability, ignorance and demand. Other factors include weak laws and corruption and migration.7 A handful of research studies into the problem of trafficking have been conducted and these have highlighted some of the trends and patterns in the field of child trafficking. These include: 

A study conducted by Molo Songololo in 2000 into the trafficking in Children for Purposes of Sexual Exploitation 8



A study conducted by ECPAT in Southern Africa in 2001 which explored focused on the commercial sexual exploitation of children 9



Research commissioned by Terre des Homes into children in domestic service in 2002 which was limited to the Western Cape region of South Africa 10



A study conducted by the International Organisation for Migration entitle “Sex, Slavery and Seduction: Trafficking in Women and Children in Southern Africa”, (Pretoria, 2003)



A study conducted in 2005 by Molo Songololo and the United Nations Office on Drugs and Crime into trafficking in children which focused on the Western Cape region of South Africa11

Molo Songololo 2008. Terms of Reference for Rapid Assessment

Molo Songolo 2000 “Trafficking in Children for Purposes of Sexual Exploitation – South Africa” , (Cape Town, 2000)

ECPAT, 2001 “The Commercial Sexual Exploitation of Children in Southern Africa”,

Koen, K. and Van Vuuren, B. “Children in Domestic Service: The Case of the Western Cape conducted, (Terre des homes -Switzerland, Basel, 2002)

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Molo Songololo

A summary of key findings of three of these studies are included in Annex 2. Definition of trafficking

3.1

The most widely endorsed and accepted legal definition of trafficking is that which is outlined by The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. It was adopted in Palermo, Italy in December 2000 with South Africa being one of the signatories and is referred to as the “Palermo Protocol”. It was ratified by the South African Government in February 2004 and since then it has become an essential tool for national law reform with regards to trafficking in this country which is currently in progress. The definition of trafficking from the Palermo Protocol is contained in Article 3, as shown in Box 1 below: Box 1 Palermo Protocol Article 3: Use of terms: a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the use of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article; d) “Child” shall mean any person under 18-years of age.

There appears to be consensus amongst the various stakeholders in the field of trafficking that the “Palermo Protocol” provides a comprehensive definition and understanding of trafficking in persons. Some of the reasons for this Include:12 

the definition provides indicators for what constitutes the crime of trafficking in persons which include: the acts which make up the trafficking process, the means by which people are recruited and procured and the range of purposes of trafficking;



it recognises that consent by the victim is irrelevant when any of the means set out in the definition are used such as deception and coercion;



it contains a definition of a child as being a person under the age of 18-years.

Another key feature of the Palermo Protocol definition is that it “can be applied to both internal and cross-border trafficking and sets the legal framework for the prosecution of

Molo Songololo and United Nations Office on Drugs and Crime, (Cape Town, 2005) “Trafficking in Children in the Western Cape”

Molo Songololo, (2007:12), What to do about trafficking: A Resource Manual for Service Providers

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

non-organised trafficking, in the sense of local, and spontaneous or opportunistic rather than as part of large organised crime syndicates”.13 In relation to the protection of children and trafficking, it has been noted that the protocol needs to be interpreted in the framework of the United Nations Convention of the Rights of the Child as a whole. In other words, the definition is inadequate unless it includes the trafficking of children as envisaged by Article 35 of the Convention,14 which states that : “Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.”15 3.2

Extent of Trafficking

The United Nations estimates that child-trafficking generates $US 7 to10 billion annually for traffickers (human trafficking is estimated at upwards of $US 30 billion annually), citing trafficking as the second most lucrative crime around the world next to the drug trade. 30% of trafficking victims are below the age of 18. Unlike other forms of child labour, child trafficking is dramatically increasing with between 1.2 to 2 million children trafficked each year. Sexual exploitation of children is estimated to surpass 10 million annually.16 It is worth noting that these figures are questioned by Gauld from the the Institute for Security Studies in South Africa, who, based on evidence from a study of sex workers in Cape Town conducted in partnership by the Institute for Security Studies (ISS) and Sex Worker Education Task Force (SWEAT), believes that ”numbers of trafficking victims are exaggerated to draw attention to the problem.” 17 In recent years there has been and increase in the number of trafficking in children cases identified. These cases include trafficking in children for purposes of sexual exploitation, labour exploitation, abduction and removal of organs. 3.2.1

Ranking Global Response to Trafficking

The United States Department of State issues an annual Trafficking in Persons Report, in which it provides a detailed assessment of trends in Human Trafficking around the globe, particularly noting countries’ measures to respond to the phenomenon, in terms of relevant legislation, enforcement, as well as victim support. The annual report contains a ranking system according to which countries are placed in a ‘Tier’ system as follows, according to the 2008 Annual Report:

UNESCO, (2007:15), Human Trafficking in South Africa: Root Causes and Recommendations

Unicef, (2005:12), Combatting Child Trafficking

http://www2.ohchr.org/english/law/crc.htm#art35

Good Deeds International Website http://gooddeedsinternational.org/index.php?option=com_content&task=view&id=41 (accessed 5 October 2008)

Gould, C. (2007) “Countering the 'Scourge': The time for evidence and reason on human trafficking”, in S.A. Crime Quarterly, No. 22, (Dec 2007)

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo Tier 1

Governments fully comply with the TVPAs minimum standards for the elimination of trafficking

Tier 2

Governments are making significant efforts to meet the minimum standards

Tier 2 Watch list

1. Countries listed as Tier 1 in the 2007 Report that were listed as Tier 2 in 2006 2. Countries listed as Tier 2 in 2007 that were in Tier 3 in 2006 3. Countries listed as Tier 2 in 2007 where: a. Number of victims is significant, or significantly increasing b. Failure of evidence of increasing efforts to combat trafficking c. ‘Significant steps’ towards compliance based on commitments for additional steps.

Tier 3

Governments that do not fully comply with minimum standards and are not making significant efforts to do so. This could result in sanctions and withholding of non-humanitarian aid and trade assistance.

3.2.2

Regional Context

Two reports on cross-border trafficking, prepared by Anti-Slavery International (ASI) in 1991 and 199218, documented trafficking from Mozambique to South Africa. An IOM report (2003) has documented the trafficking of refugees from Angola and the Great Lakes region – sometimes from further north – to South Africa, with some additional references to child trafficking from Lesotho, Mozambique and Malawi to South Africa. The reports also note incidences of inter-continental trafficking of young women to South Africa – from Russia, Eastern Europe, Thailand, China and Taiwan – involving crime syndicates based in Mozambique, Eastern Europe and Thailand. The IOM 2003 report states that although information is scarce, the evidence suggests that trafficking between Europe and Southern Africa – documented through the past century – is persistent and widening in scope. South Africa also emerges from these reports as a source and transit country as well as a major destination. Trafficking in South Africa appears to be closely linked with the highly sophisticated global sex industry. 19 Table 2 below provides a summary of trends in trafficking in persons, including children, across the Southern African region, looking specifically at Angola, Botswana, The Democratic Republic of Congo, the Republic of Congo, Lesotho, Mozambique, Malawi, Namibia, South Africa, Swaziland, Tanzania, Zimbabwe and Zambia. Information was sourced from the US State Department of Trafficking’s 2008 Annual Report, which contains the most comprehensive overview of trafficking trends and responses across the globe. Countries included in the table below all had reported links to South Africa with regards to intra-regional trafficking networks.

18 The two reports by Anti-Slavery International were cited in the IOM (2003) report on trafficking in South Africa and are as follows: the 1991 publication by Vines, A. Mozambique: Slaves and the Snake of Fire and the 1992 report by McKibbon, S. Slavery of Mozambican Refugees in South Africa. 19 Thanh-Dam Truong (2006) Poverty, Gender and Human Trafficking in Sub-Saharan Africa: Rethinking Best Practices in Migration Management, UNESCO Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo Table 2: Trafficking in Sub-Saharan Africa Country

Trafficking status and scope

Angola

Evidence of internal and external trafficking as a source country with anecdotal evidence pointing to South Africa as a destination point for trafficked Angolan women. The victims are mostly women and children trafficked for purposes of forced labour, sexual exploitation, domestic servitude, commercial sexual exploitation

Botswana

Evidence of external trafficking as a source, transit and destination country – could be a country of transit to South Africa (has long, porous borders). Victims are mainly illegal immigrants from Zimbabwe, unemployed men and women, those living in rural poverty, agricultural workers in remote areas, children orphaned by HIV/AIDS. Trafficked for purposes of sexual exploitation and forced labour (including domestic work and cattle herding)

Congo, Democratic Republic of

Evidence of external trafficking as a source country - Congolese women and children are reportedly trafficked to South Africa for sexual exploitation. Victims are men, women and children. Trafficked for purposes of forced labour, sexual exploitation, children recruited as soldiers from Rwandan refugee camps.

Congo, Republic of

Evidence of internal and external trafficking as a source and destination country. The victims are mostly children – both boys and girls. Trafficked for purposes of commercial sexual exploitation, forced street vending, tailoring, hairdressing, food service, domestic servitude, organised prostitution

Lesotho20

Evidence of internal and external trafficking as a source and transit country – transit country for smuggling of South and East Asians to South Africa. Victims are women and children – boys and girls. Trafficked for purposes of cattle herding, street vending, domestic servitude, commercial sexual exploitation, domestic labour.

Mozambique

Evidence of external and internal trafficking: mostly a source country – South Africa and Zambia are primary destination countries. Victims are men, women, children. Trafficked for purposes of: forced labour, sexual exploitation, domestic servitude, commercial sexual exploitation, mining (in South Africa), and agricultural labour (in Zambia)

Malawi

External and mostly internal trafficking: source, transit, and destination country for Mozambique, South Africa and Zambia with victims being men, women, and children. Trafficked for purposes of: forced labour (debt bondage, animal herding, domestic servitude) and sexual exploitation

Namibia

May be source and destination country – limited reporting on magnitude with victims being mainly children – particularly those orphaned due to HIV/AIDS prevalence? Trafficked for purposes of : prostitution, domestic servitude, agricultural labour, cattle herding, vending

South Africa

Internal and external: source for Ireland, Middle East and United States, transit, and destination country for Mozambique, Zimbabwe, Malawi, Thailand, Chinese, Eastern Europe. Victims are men, women, and children. Trafficked for purposes of: commercial sexual exploitation and debt bondage, domestic servitude, street vending, food service, and agriculture, child sex tourism, farm work.

Swaziland

Internal and external: source, transit and destination country – remains unsubstantiated due to inadequate, reliable reporting. Victims are women and children – particularly girls who are orphaned. Trafficked for purposes of purposes of: forced labour, domestic servitude and sexual exploitation

Tanzania

Internal and external trafficking: source for South Africa, Oman, United Arab Emirates, Europe and Middle East, transit, and destination country. Victims include men, women, and children trafficked for purposes of: domestic servitude, sexual exploitation and forced labour on farms, in mines and informal sector

Zimbabwe

Internal and external trafficking: source for Botswana, Mozambique, South Africa, Zambia, People's Republic of China, Egypt, UK, US, Canada, transit and destination

US State Department for Trafficking in Persons http://www.state.gov/g/tip/rls/tiprpt/2008/105390.htm (accessed 4 October 2008)

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo Country

Trafficking status and scope country which has increased as Zimbabweans flee desperate situation at home. Victims include men, women, children trafficked for purposes of: forced labour, agricultural labour, domestic servitude, sexual exploitation

Zambia

3.3

Internal and external trafficking: source, transit, and destination country with victims being women and children trafficked for purposes of: forced labor in agriculture, domestic service, fishing sector and sexual exploitation including child prostitution

Children and Trafficking in South Africa

South Africa is one of the many countries globally which is being affected by human trafficking. It has been cited in almost all of the reports and research carried out by local and international non-governmental organisations (NGOs) that it is a source, transit and destination country for the trafficking of men, women and children. This is due to the fact that it is perceived in and outside the continent as the economic giant in Africa offering many opportunities. Both internal and external trafficking are sources of concern. Trafficking is further spurred on by increasing sex tourism. There is evidence around child labour and recruitment processes involving gangs, drug sellers & runners, pointing to increased vulnerability of children. 21 In South Africa, IOM’s research and experience in offering direct assistance to over 250 victims of trafficking indicate that women and children are being trafficked to South Africa from South East Asia, Eastern Europe, as well as other African countries such as Mozambique, Zimbabwe and DRC. South African men, women and children are also being trafficked abroad to places like Macau, the US and Ireland for sexual exploitation and forced labour. Of great concern is the trafficking of South African women and children within South Africa’s borders for forced labour and commercial sexual exploitation.22 Significant efforts are being made by the South African government to combat trafficking. It has signed and ratified the Palermo Protocol and is in the process of developing and implementing a national plan of action to deal with the problem. However, despite these efforts, it has been placed on the “Tier 2 Watch List” by the United States Department of Trafficking in Persons for the past four years. This is because it does not meet the minimum standards needed to eliminate trafficking and was unable to provide data on trafficking crimes which have been investigated or prosecuted. Added to this is the fact that it has consistently been unable to provide information regarding its efforts to protect victims of trafficking.23 This section now looks at the current vulnerable status of children and the factors causing this vulnerability. This is followed by a closer look at the nature and extent of trafficking of children in South Africa. 3.3.1

The current vulnerable status of children in South Africa

In 2006, there were just over 18.2 million children living in South Africa, making up over one-third of the country’s population. It has been estimated by the General Household Survey in 2006 that 21% of them are “orphans” (without a living biological mother or father

Prof V Reddy, (HSRC-Gender & Development) “Overview of Abuse, Exploitation & Trafficking of Children in SA”, (Tshwane, 27 August 2008)

IOM 2008 Media release: Human Trafficking poses a real threat to South Africa

U.S. State Dept Trafficking in Persons Report, June, 2008 www.gvnet.com/humantrafficking/index.html

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or both parents) with this number having increased substantially over the past five years due to the impact of the AIDS pandemic. According to UNICEF’s Annual Report in 2007, more than half of the country’s children are living in households too poor to buy basic necessities. This is supported by the 2006 General Household Survey which found that 68% of children in South Africa are living in income poverty. This means that they are unable to access basic services and therefore are more likely to suffer from poor health, have reduced access to education and are living in environments which compromise their personal safety.24 Presentations made by key role players from various NGOs during the series of consultative workshops conducted as part of this research highlighted some important statistics related to the current vulnerable state of children in the country and within the various provinces, as highlighted below. A 2006 situational analysis into the state of children in the Western Cape25 noted that while data is limited, indications are that maltreatment and physical abuse is most common among boys under five, and those aged 12-17, with perpetrators mainly being fathers or mother’s partners. Sexual abuse is most common amongst teenage girls, although abuse of younger girls and boys is also noted. The majority of perpetrators of sexual abuse are under 18, and are known to the child. The situational analysis also noted a dramatic rise in missing children between 2001 and 2005. This may be attributed to higher levels of reporting. Street children, who are defined as children who live, work or beg on the street, are difficult to count, and are rarely recorded in censuses. Child workers and beggars are often sent by parents, but still qualify as street children in the Children’s Act. The majority of trafficking was noted to occur within South Africa, and by people known to their victims. Information regarding the state of children in Kwazulu-Natal was shared by Cati Vawda of the Children’s Rights Centre during the Durban Forum.26, who noted that Kwazulu-Natal has the greatest percentage (21%) of South Africa’s children. The 3.8 million children under the age of 18 living in the province are equally distributed across age bands and gender. Both boys and girls have different vulnerabilities in different age groups, for example, teenage boys are vulnerable to violence whilst girls are vulnerable to child mortality. The province also has the highest level of HIV prevalence in the country. Kwazulu-Natal has the highest percentage of hungry children because of the high numbers of children living in the province. It has the highest percentage of children living in overcrowded dwellings. Durban is the second most densely populated district in SA so it is easy to move children around. The province has the second highest number of child headed households in the country. According to Vawda, the province has had a long pattern of child headed households prior to the increase in HIV/AIDS infection. For example, labour migration has seen many households, during the days of apartheid, being headed up by children whilst their mothers sought work as domestic workers.

Proudlock et al, (2008). South African Children Gauge 2007/2008

Cathy Ward, (HSRC), “Situation of children in the Western Cape”, (Cape Town, 12 August 2008)

Cati Vawda,(Children's Rights Centre), “Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September

2008) Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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Research into child labour in the Nelspruit area revealed high levels of poverty in the former homelands and bordering Swaziland has increased the prevalence of child labour in the area27. It was noted in the Polokwane workshop that child labour is considered a significant problem in Limpopo Province, and sexual exploitation is on the increase. Rural children are exploited to work on different farms, and children are also moved around from farm to farm. Children are also often used as beggars or to commit crimes. 3.3.2

Factors contributing to vulnerability

All of this results in an increase in violence against, between and around children. Children are exposed to fear and intimidation and this is prevalent across all levels of society and is experienced differently from one area to the next. 28 There are certain factors which place children at risk of having their rights violated or being unable to access their rights. Poverty is considered the most important factor contributing to an escalation of violence and abuse, and it is children from South Africa’s poor regions who will be most vulnerable to internal trafficking. Ward emphasised that there is a need to do work beyond the cities to address problems in poor areas from where people (including children) come to the city in search of fortune.29 In “Poverty, Gender and Human Trafficking: Rethinking Best Practices in Migration Management”30 Dr TD Truong describes the interconnectedness between human trafficking, gender and poverty in Sub-Saharan Africa, based on a critical analysis of migration processes in relation to human rights abuse. Some specific factors that place children at risk according to Cati Vawda from the Children's Rights Centre include: 31 

Lack of Care: where there are high levels of caregiver turnover, children might be made vulnerable. The migrancy of children into urban centres will also render them vulnerable as would orphan children and children in child, youth and elderly headed households.



Social Capital and capacities: friends, family, social groups at home or at school, community cohesion can be compromised when there are drugs and alcohol. This can create situations where children may be sexually abused by people they know. The community challenges of drugs, alienation and migrancy or being bullied or discriminated against can force a child into a situation where he/she is exploited or trafficked.



Context and resources: All children, irrespective of affluence, are vulnerable to exploitation and the chances of being trafficked. Community location and the distances travelled by children including to school, often on foot, is also a factor that contributes to their vulnerability. Children who are out of school are also considered vulnerable. Children who have access to cell phones and the internet

Child Labour research by Amazing Grace and the Mpulimo task team (Nelspruit: 17 September 2008)

Cati Vawda,(Children's Rights Centre), “Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September

2008) 29

Cathy Ward, (HSRC), “Situation of children in the Western Cape”, (Cape Town, 12 August 2008)

30 Thanh-Dam Truong (2006) Poverty, Gender and Human Trafficking in Sub-Saharan Africa: Rethinking Best Practices in Migration Management, UNESCO 31

Cati Vawda,(Children's Rights Centre), “Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September

2008) Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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are vulnerable to being contacted and lured into exploitative situations that can include trafficking. Young people in unstructured and purposeless activities including hanging out at malls. Excessive cash availability could also contribute to vulnerability, as can emotional and social distance between children and parents, where materials are promoted over people. 

Circumstances: Children living in poverty, those on the streets, lost children, neglected, abused and exploited children, children on school excursions and refugee and migrant children are all vulnerable and at risk of exploitation and trafficking. 32

All these factors highlight South African children's increasing vulnerability. This is the backdrop against which the FWC event will take place. As one participant in Tshwane observed after Professor Reddy's presentation:  “This presentation gives me goose bumps. It is an eye opener and raises serious issues we should be concerned about. We need to try to get all stakeholders on board.”33 Another participant observed:  “It highlights local exploitative conditions - many children come from dysfunctional contexts. How can they be protected?”34 Next we will look at factors specifically related to trafficking: 3.3.3

Understanding trafficking in children

The Palermo Protocol states that: “Trafficking in children involves the way a child is removed from her or his usual environment and subsequent exploitation by others that violates the child's human rights”. It further outlines exploitative situations which constitute child trafficking which include: exploitation of the prostitution of others, other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, the removal of organs. The concepts of “supply and demand” and “push and pull factors” remain a key feature in the framework for understanding the causes of human trafficking. The reports and studies consulted for this research all make use of these concepts and they are particularly useful in understanding the factors which make children more vulnerable to trafficking. The United Nations Children’s Fund (UNICEF) has identified the following push factors as characteristic of trafficking in children worldwide:35 

Poverty



Family break-up



Violence or other dysfunction



Lack of job opportunities



Low education levels or the wrong skills for the jobs that is available

Cati Vawda,“Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September 2008)

Nkatane Matsomane, Tshwane Metro DSD Tshwane workshop 27 August 2008

Musa Mbere, DSD, Tshwane workshop 27 August 2008

UNICEF, (2001:5), Trafficking in Children for Sexual Purposes: An Analytical Review

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

Family pressures or a sense of responsibility to provide for the family



Discrimination or marginalisation including the very fact of being female

Similarly UNICEF identified “pull” factors that it sees as universally true of trafficking in children. These are: 

Economic differentials that make even relatively poor neighbouring cities or regions seem a likely source for livelihoods



Unmet demand for cheap labour



Demand for sexual services for example linked to tourism development 36

It is important to remember that these factors vary according to local emphasis and scale, that they can be mutually reinforcing, and that some of the causes can also be the consequences of others. However, “it is ultimately poverty, high unemployment and lack of opportunity – the quest for a means of survival – that is the engine driving trafficking in humans”.37 From the statistics mentioned above it is clear that the majority of South African children are already deemed to be vulnerable or “at risk”. Those factors which make children in this country more vulnerable to trafficking can also been viewed according to the supply and demand equation described above. Supply factors in South Africa have been identified as:38 

Increasing poverty and unemployment



Changes in family structure as a result of changes in broader society. This tends to impact negatively on the lives of children and leaves them vulnerable to exploitation



Increasing urbanisation and migration



Changes in religious and cultural beliefs



Changes in domestic and international sex industries



Lack of social welfare and protective services, especially for children

Demand-side factors include: 

Changes in the informal economy and growing involvement of criminal groupings within this sector and as a result an increase in illegal activities



Globalisation and development has resulted in better infrastructure and better transportation and improved communication across the globe



Changes in the economy, which has increased the demand for cheap labour



Demand from certain types of men for sex with children

These supply and demand-side factors combined culminate in the phenomenon of trafficking in persons, especially of women and children and leave them vulnerable to exploitation. 39

Molo Songololo, Cape Town, 2005 Trafficking in Children in the Western Cape,

UNESCO (2007:32): Human Trafficking in South Africa: Root Causes and Recommendations

See for instance Molo Songololo: Trafficking in Children for Purposes of Sexual Exploitation, Ibid. Chapter 4

Molo Songololo, Cape Town, 2005 Trafficking in Children in the Western Cape,

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Within the supply and demand framework for understanding the sexual exploitation of children, Koen, (2007:7) claims that this form of trafficking is often viewed developmentally as a problem from the supply side. However, it has also recently been recognised as a development issue from the demand side where the demand for sexual services from women and children both within developing and developed countries is regarded as a function of development. This has been attributed to globalisation where the forces of supply and demand are complemented by “improved infrastructure and trends associated with a rapidly globalising world that brings with it open borders, better transport and increased overall migration flows”.40 3.3.4

Quantifying the problem

Statistics on trafficking in South Africa are not easily available as any information reported to the police is captured under an alternative charge such as racketeering, abduction, organised crime. This is due to the absence of specific trafficking legislation. This is in the process of being changed with the passing of the Children’s Act and Sexual Offences Act.41 However, a few estimates of relevant figures pertaining to child labour and child prostitution that have been made include the following: 

An estimated South African 247 000 children are working in exploitative labour, including prostitution42



In 2000 Molo Songololo estimated a figure of around 30 000 child prostitutes in South Africa 43



The Network Against Child Labour estimated in 1998 that there were 400 000 children under the age of 18 working in the formal and informal economy in South Africa.44



A survey done by the Department of Labour concluded that most South African children are involved in some form of work but not all of these can be classified as harmful or dangerous labour.45



Child Welfare South Africa reported 78 children involved in commercial sexual exploitation in 2003. Compared to only 27 in 2002 this indicates an increase of 65%.46

While statistics directly related to trafficking is limited, numerous government and nongovernment institutions have statistics related to the vulnerability of children, which is relevant to consider in terms of identifying those at risk. This includes statistics on commercial exploitation, domestic, farm and general labour, pornography, begging, criminal activity, sexually abused children, as well as street children, orphans and

Koen, K., (2007), “Children on the edge: Strategies towards an integrated approach to combat child sexual exploitation in South Africa”. Paper by Molo

Songololo for WomensNet 41

Rebecca Pursell, Khulisa, email response to questionnaire, September 2008

UNESCO (2007:11): Human Trafficking in South Africa: Root Causes and Recommendations

Molo Songololo (2000) The Trafficking of Children for Purposes of Sexual Exploitation

Findings of the detailed household-based Survey of Activities of Young People (SAYP), conducted during 1999, are summarised and analysed in the

discussion document. Bosch, D. et al, “Towards a National Child Labour Action Programme for South Africa” Discussion Documen for Department of Labourt, October 2002 45

UNESCO (2007:45): Human Trafficking in South Africa: Root Causes and Recommendations

Child Welfare SA 2003 from www.childwelfaresa.org.za (accessed on 28 September 2008)

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abandoned children. A summary of some relevant statistics from the Department of Social Development, Childline, and Child Welfare South Africa is provided in Annex 3. While the actual size of the trafficking problem has been refuted by ISS, there is still an obligation to protect children no matter how serious the threat. 3.4

Trafficking and Major Events

A review of literature reveals that research into the ways in which major events, including sporting events, impact on human trafficking is relatively limited. Furthermore, research which focuses specifically on the impact of major events on trafficking in children is severely lacking. It has been argued that there are at least two ways in which international sporting events can affect human trafficking. Firstly it can contribute to a short-term increase in demand for prostitution and other forms of sexual exploitation in and around the event. Secondly, it can facilitate the entry of trafficked persons as “visitors” before they are transited to other cities or countries where they are exploited.47 As is highlighted above, concerns and debates surrounding the impact of sporting events appear to be centred around the issue of demand. More specifically, the concern is based on the argument that a temporary gathering of persons in a setting such as the World Cup will lead to an increase in demand for sexual services and this demand will be filled by trafficking victims.48 Empirical data to prove this argument is limited to that which has been obtained from two key sporting events: the 2004 Olympic Games in Greece and the 2006 FIFA World Cup in Germany. These will be discussed below, also making reference to research conducted on the potential impact on trafficking of the 2010 Olympics in Canada. While the 2004 Olympic Games and the 2006 FIFA World Cup (FWC) offer some insight into the importance of preventative efforts to tackle the problem, it is important to consider any action in the context of South Africa's human trafficking trends and responses to date. 3.4.1

The 2004 Olympic Games in Greece

The 2004 Olympic Games took place in Athens and prior to the games there were fears that traffickers would take advantage of a situation where there would be an increase in demand for sexual services. The government developed an integrated plan funded and facilitated by the Greek Ministry of Foreign Affairs which involved the provision of free legal aid for victims of trafficking for the duration of the event and an awareness campaign on the prevention of contagious diseases.49 Within the civil society sector, concerns about an increase in trafficking in children were also raised particularly with regards to the exploitation of Albanian children through forced labour, begging and sexual exploitation. Anti-trafficking activities were undertaken by the NGO sector. Terre des Hommes together with the NGO, Association for the Social Support of Youth (Arsis) joined forces and launched a project named “Emergency Response Against Child Trafficking” (ERACT) which undertook a number of preventative activities. Firstly it launched an awareness campaign which included press releases and travel leaflets to

Faster, Higher, Stronger: Preventing Human Trafficking at the 2010 Olympics. The Future Group, (Calgary, 2007)

IOM Migration Research Series Trafficking in human beings and the 2006 World Cup in Germany, (Geneva, 2007)

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inform visitors of child trafficking. It then set up mixed “Street Work Teams” which were multi-disciplinary in nature. Their role was to monitor the streets during the Olympic Games in order to detect and register unaccompanied minors. The final report on this project reveals the following: 

The project detected 198 children on the streets and registered 164 – 65 per cent of them were Albanian.



Those children who were registered all required further investigation to determine the type of intervention needed which included legal assistance, family consulting, psycho-social support and reintegration.



A total of six children were identified as potential victims of trafficking and were repatriated according to best practices.



Co-ordination and good co-operation with government services and other organisations was cited as the reason for the success and smooth running of the project, especially when repatriating the six victims of child trafficking which included ensuring their safety and protection and offering psycho-social services, shelter and medical care.

A review of statistics after the Olympic Games revealed the following:

3.4.2



There was no increase in the number of victims of trafficking in children during the Olympic Games.50



The number of children on the streets during the event was reduced, probably because of the high levels of security in and around the venues.51



There was a 95 per cent increase in the number of human trafficking victims identified by authorities during the year of the Athens Olympics (between 2003 and 2004).



In 2005, the number of known trafficking victims declined by 24 per cent but was up 47 per cent from the 2003 figure.52 The 2006 FIFA World Cup in Germany

In the build up to this event, there was growing concern amongst various groups within Germany and internationally that there would be a sharp increase in human trafficking. Expectations specifically emphasised a potential increase in prostitution, due to an increased demand by soccer fans. European media inflated the estimations up to 40,000 women being trafficked into Germany and forced to sex work. This number had no basis, but made a big impact on the discussion.53 In response to the anticipated increase in trafficking for the purpose of prostitution, the German government, in partnership with local NGOs and international organisations, undertook a range of preventative measures to deal with this potential threat. A summary of these activities is provided below. Five major prevention campaigns took place which included:

Adam (2005) Emergency Response Against Child Trafficking(ERACT): Final Report, Arsis

IOM Migration Research Series Trafficking in human beings and the 2006 World Cup in Germany, (Geneva, 2007)

The Future Group, Faster, Higher, Stronger: Preventing Human Trafficking at the 2010 Olympics. (Calgary, 2007)

Benjamin Bergner. 2008 Campaigns to fight human trafficking and forced prostitution during the World Cup 2006

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

“Final Whistle –Stop Forced Prostitution” to raise broad social awareness of major sporting events by the German Women’s Council



“Red Card for Sexual exploitation and Forced Prostitution” by the NGO Solwodi



“ Stop forced prostitution ‘’ by the NGO Frauenrecht ist Menschenrecht (FiM)



“ Action Against Forced Prostitution “ by the Diakonie- welfare organization of the Protestant Church



A campaign launched by the IOM and MTV Europe Foundation, the Swedish International Development Cooperation Agency (Sida) and the World Childhood Foundation launched PSA..

In addition to the above, three National Hotlines were in place during the 2006 FWC. The success of these campaigns in possibly reducing the levels of trafficking has been attributed to the fact that they raised awareness and advocacy amongst the public and potential clients of prostitutes as well as amongst policy makers. Other activities included 

Increased Law Enforcement efforts



Cooperation between Law enforcement agencies at national and international levels



Cooperation between the police and specialized counselling centers and authorities



Intensified raids , checks and controls of brothels and clubs



Prevention activities; material distributed to hotels; internet and newspaper advertisements monitored



Additional training to police to identify victims of trafficking.54

In terms of increased law enforcement around the German event it is worth noting that more than 260,000 personnel drawn from the state police forces (220,000), the federal police (30,000), the secret services (an unknown number), private security companies (12,000) and the military (7,000) were deployed during the 2006 FWC. In addition, 323 foreign police officers vested with executive powers support the policing of train stations, air- and seaports and fan groups.55 A research study undertaken by the IOM in 2007 which set out to investigate whether the number of victims of trafficking for sexual exploitation increased during the 2006 FWC revealed that “all available data, information and expert statements indicate that no increase in trafficking in human beings (THB) before and during the World Cup occurred”. 56 The researchers attributed this to the fact that the German authorities and NGOs started their planning to prevent trafficking as far back as 2005 and that the prevention campaigns and increased police focus may also have contributed to this outcome. One of the key learnings highlighted in the study is that NGOs felt there was a need for better co-ordination of campaigns and activities. It was recommended that a single,

Markija Nikolovska (IOM) “Trafficking and the 2006 World Cup, Lessons learned and role to play by 2010 World Cup.” Paper presented at the SANTAC

Regional Referral System Workshop (December 2007) 55

Volker Eick, Jens Sambale and Eric Töpfer “World Cup Security and the Policing of Urban Teacup Storms”, http://www.policing-

crowds.org/conference-introduction.html (accessed on 2 October 2008) 56

Trafficking in human beings and the 2006 World Cup in Germany, IOM Migration Research Series(Geneva, 2007)

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comprehensive and professionally organised campaign covering different target groups should be undertaken.57 Some potential reasons for the expected increase of trafficking not to have occurred in Germany include: 

Economic feasibility - it may not have made economic sense for traffickers to traffic women to Germany for the short period of time of the games (3 weeks);



High law enforcement efforts in red-light district and surrounding areas - 260 000 police officers working around the event (no-one allowed vacation) - their presence in the red-light districts could have led to decrease in prostitution;



Campaigns contributed to awareness of fans and public. Many possible clients feared to be serviced by forced, not ‘regular’ prostitutes (hence even regular prostitution declined) Prices for sexual services in general were higher than usual;



FIFA, Germany and municipalities organised big fan parties, public viewing areas, bars etc. This to some extent kept people away from the red-light district and kept them entertained;



The character of the soccer fans was noticed to have changed during the 2006 FWC event. Many are travelling with their families. This is not the traditional picture of groups of drunken males descending on a country for illicit pleasures.58

3.4.3

2010 Olympics in Canada

A report written by the Canadian NGO “Future Group”, which considers the impact of the upcoming 2010 Olympics on human trafficking in Vancouver, highlights the fact that prostitution is legal in Germany. A review of statistics also reveals that there was an increase in the number of prostitutes recorded at the game venues and surrounding areas because many of them travelled from outside regions to game venues. It was therefore concluded that an increased demand for prostitution did in fact occur. Furthermore, it is believed that in the context of a country where prostitution is not legalised, there is a risk that the increase in demand could be filled by domestic and international trafficking victims.59 The Future Group concludes that effective action to combat human trafficking involves a three-pronged approach:   

Prevention of human trafficking by working with source countries to address root causes, including deterring the demand side of the industry; Protection of trafficking victims including rescue, rehabilitation and, when appropriate, repatriation and reintegration; and, Prosecution of traffickers and commercial sex-users in criminal proceedings. 60

The report notes that countries that have been most effective in combating human trafficking have (1) adopted a clear legal framework to protect victims and prosecute offenders; (2) devoted sufficient financial resources to enforce their laws and support victim recovery; (3) demonstrated a high degree of cooperation between law enforcement, governmental agencies, and nongovernmental sectors; and (4) coordinated their

Trafficking in human beings and the 2006 World Cup in Germany, IOM Migration Research Series(Geneva, 2007)

Bergner, B. 2008 Campaigns to fight human trafficking and forced prostitution during the World Cup 2006

The Future Group Faster, Higher, Stronger: Preventing Human Trafficking at the 2010 Olympics. (Calgary, 2007)

Ibid

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international development efforts to deal with root causes of poverty and corruption in source countries. Key recommendations made by the Future Group to minimise the potential increase of human trafficking around the 2010 Olympic Games include: 1. Deterring traffickers and potential commercial sex users through effective public awareness campaigns 2. Disrupting trafficking networks and prosecuting traffickers through a coordinated and pro-active law enforcement response at the local, provincial and federal levels 3. Preventing human trafficking and enhancing border integrity by identifying victims in transit through border controls and comprehensive training for border agents: 4. Protecting trafficked persons by ensuring that sufficient arrangements are made to provide them with safe and appropriate housing, counseling, legal aid, temporary residence status, translation and medical assistance while they recover from their ordeal and decide whether to be a witness against their traffickers in criminal prosecutions. 61

Ibid

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FIFA CONTEXT

During June and July of 2010 South Africa will host the 2010 FIFA World Cup. Thirty-two teams will arrive two to three weeks prior to the tournament and then, during a period of 43 days, an estimated 2.7 million local spectators will view 64 matches played in nine cities around the country. It is also estimated that there will be an estimated 350 000 to 500 000 visitors to the country. Over and above the number of match spectators, it is planned that there will be fan parks in and around the host cities where spectators will watch the matches on big screens. It is estimated that 20 million fans will be attending these fan parks across the country.62 The nine cities where the event will take place include: Cape Town, Port Elizabeth, Durban, Bloemfontein, Rustenberg, Pretoria, Johannesburg, Nelspruit and Polokwane. The 2010 FWC will be preceded by the FIFA Confederation Cup, which will take place in South Africa from 14-28 June 2009. The FIFA Confederations Cup will be played at Johannesburg’s Ellis Park Stadium, Tshwane/Pretoria’s Loftus Versfeld Statium, Mangaung/Bloemfontein’s Free State Stadium and Rustenburg’s Royal Bafokeng Sports Palace. 4.1

Event Footprint

Table 3 below provides a summary of the nine Host Cities which will host matches as part of the 2010 FWC, noting main stadiums at which matches will be played, as well as Training Venues and official fan parks that can be regarded as significant areas around which much activity for the event will centre. South Africa is planning to take direction from Germany and erect Fan Parks in every 2010 FWC host city during 2010 FWC. Fan Parks are enclosed public viewing areas (PVAs) where all matches will be shown live on big screens with live entertainment and DJs entertainment between matches. In addition to these and other official Fan Parks, bars restaurants and shopping malls across South Africa will also set up commercial viewing areas for fans.63 A summary of key entry points, including airports, border posts to neighbouring countries, and harbours, within proximity to the host cities is also noted in the table below, as these will be relevant to consider in terms of external trafficking. A map showing South Africa’s land, air and sea borders is included in Annex 464. The transport system within South Africa is extensive, including major road and rail links between all the host cities. A Map of South Africa’s railway routes is included in Annex 565. Major routes across land borders are frequented by trucks commonly reported a common form of transport for migrants, including victims of trafficking.

FIFA 2010 World Cup Research Project http://www.hsrc.ac.za/Research_Programme-Page-80.phtml (accessed on 26/7/08)

Cape Town Magazine website http://www.capetownmagazine.com/articles/Sport-a-Fifa-2010~c9/Western-Cape/Fan-Parks-in-South-Africa-for-the-2010-

Soccer-World-Cup~776~p1 (accessed 2 October 2008) 64

Map obtained via email from Supt Coetzer - SAPS Ports of Entry. Map obtained from SA Transport from http://www.sa-transport.co.za/trains/maps/SARailmap3.pdf accessed 29 October 2008 Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008 22 65

Molo Songololo Table 3: Host Cities, Stadiums, Training Venues, Fanparks, Points of Entry Host City

Stadium

Johannesburg

Ellis Park Stadium

Gauteng

Soccer City Stadium

Tshwane/ Pretoria

Loftus Versveld

Gauteng

Cape Town

Possible Training Venues To be confirmed

HM Pithe The Super Station

Green Point Stadium

Western Cape

Athlone Stadium Philippi Stadium

Fanparks

Airports, Borders, Harbours

Mary Fitzgerald Square in Newtown will be the official FIFA World Cup fan park, while Innes-Free Park in Sandton and Walter Sisulu Square in Kliptown have been set aside as third party public viewing facilities.

Airports:

Potential Fan Park and Public Viewing sites are being scouted in Pretoria (Tshwane) and organisers are looking for safe, open spaces to provide a party like atmosphere for fans not lucky enough to purchase game tickets for the Pretoria games.

Airports:

Considering ??? Street as a fan mile

Wonderboom Airport

1. official FIFA fan park at the Grand Parade and the fan mile, Somerset Road in Green Point.

Airports:

2. fan park at the Bellville Velodrome, a fan park at Phillipi Stadium and a fan park at Athlone Stadium and 3. Swartklip Complex (between Khayelitsha and Mitchell’s Plain).

OR Tambo International Airport Lanseria Airport

OR Tambo International Airport Waterkloof Airport

Cape Town International Airport Harbours: Cape Town Harbour

4. 2010 Fan mile - from the station through Riebeeck Street & Somerset Road to the Green Point Stadium. Gansbaai and Plettenberg Bay are being considered as possible towns to have fan parks outside of Cape Town. Durban KZN

Durban Stadium

To be confirmed

The Durban Beach Front has been earmarked as one of Durban’s preferred sites for one or more Fan Parks during 2010.

Airports: Durban International Airport Harbours: Durban Harbour, Richard’s Bay Harbour Land Bordes: Swaziland Onverwacht, Golela Mozambique: Kosi Bay Lesotho Boesmansnek, Sani Pass

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Molo Songololo Host City Mangaung/ Bloemfontein

Stadium Free State Stadium

Possible Training Venues To be confirmed

Fanparks Mangaung has already allocated $15 million for fan parks (including supporting infrastructure & utilities).

Free State

Airports, Borders, Harbours Airports: Bloemfontein International Airport Land Bordes: Lesotho Monontsa Pass, Caledonspoort, Ficksgurgbridge, Peka Bridge, Maseru Bridge, Van Rooyensgate, Sephahu Gate, Makhaleng Bridge

Nelson Mandela Bay/Port Elizabeth

Port Elizabeth Stadium

To be confirmed

Eastern Cape

One of the oldest schools in Port Elizabeth, Sydenham Primary, plans to renovate its building to compliment the modern design of the 2010 soccer stadium, which is on its doorstep. There is a possibility that the schoolyard will be converted into a fan park, hosting a marquee tent with a big screen television.

Airports: Port Elizabeth International Airport Port Elizabeth Harbour East London Harbour Land Bordes: Lesotho Tellebridge, Ongeluksnek, Qacha’s Nek, Ramatseliso Gate

Nelspruit

Mbombela Stadium

To be confirmed

Mpumalanga

Considering Agricultural showgrounds, juxtaposed to the R40/Bosch Street interchange. Provisionally sized to accommodate ±20 000 attendees.

Airports: Kruger Mpumalanga International Airport Land Bordes: Swaziland Mananga, Jeppe’s Reef, Josefsdal, Oshoek, Waverley, Nerston, Emahlanthini, Bothashoop, Mahamba Mozambique Lebombo (/Komatipoort) (Rail link)

Polokwane Limpopo

Peter Mokaba Stadium

Seshego Mankweng

Tom Naude High School

Airports:

•

Will accommodate 30 000 people

Polokwane International Airport

•

18 hour celebration zone – open from 10h00 to 24h00 daily

Land Bordes: Zimbabwe Beitbridge (Rail link)

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo Host City

Stadium

Possible Training Venues

Fanparks

Airports, Borders, Harbours Botswana Derdepoort, Stockpoort, Groblers Bridge, Zanzabar, Platjan, Pontdrif Mozambique Borders: Pafuri, Giriyondo

Rustenburg North West

Royal Bafokeng Sports Palace

To be confirmed

One fan park has been approved in Rustenburg for the 2010 FIFA World Cup South Africa. Rustenburg has already allocated a $.4 Million budget for its fan parks and is looking into potential sites.

Airports: (Sun City International Airport) Land Bordes: Botswana Mokopong, Bray, Boshoek, Makgobistad, Ramatlabama, Skilpads Gate, Swartkopfontein, Kopfontein

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

4.2

Investment around the 2010 FWC

Monetary implications of the 2010 FWC are significant, both in terms of contracts signed by FIFA for broadcasting and other rights, as well as investments by FIFA, the 2010 FWC Organising Committee, the South African government, and South African businesses in preparation for the event. By October 2007 FIFA had signed contracts valued at $3,2-billion for the 2010 event in South Africa, including approximately $1.2-billion in European broadcasting rights. This figure was expected to increase to between $3,5-billion and $4-billion in total by 2010, which would result in the highest revenue generated in World Cup history (compared to $2.8-billion generated from the 2006 FWC in Germany)66. FIFA has also donated 70 million US dollars towards the legacy programme67, aimed at constructing an artificial soccer fields in a non-host city in several Provinces.68 In addition, the South African government has approved R19 billion (up from a worth of infrastructure69, including building and upgrading of stadiums, as well as upgrading of road and communications infrastructure across the country. South African companies had also invested more than R700 million into event by 2007,70 and continue to do so in anticipation of economic opportunities, particularly related to an increase in tourism. Investment in the hotel and tourism sector includes Multi-million rand investments made in new hotels and other tourism infrastructure across the country, as evidenced from examples in Tshwane/ Pretoria, where R180m is being invested in the new Holiday Inn Express in Sunnyside, to be connected to the Sunny Park mall which is undergoing a R300m refurbishment - bringing the total investment in that area to almost half a billion rand. The Southern Sun group has also spent nearly R50-million on upgrading their local rooms in the area. These figures are worth noting as they point to the significant investments made by Government and the Private Sector within South Africa, as well as FIFA, and International broadcasting companies and others, in the event. Such investments are made in anticipation of economic gains that may be expected from the event, which is also among the key underlying factors that could lead to an increase in criminal activity, including exploitation and trafficking of children, in 2010 FWC. 4.3

FIFA and Children

FIFA’s commitment to children’s issues has been demonstrated in its social responsibility campaigns and partnerships established around major events, including the "Say yes for children" campaign conducted in 2002 and the "6 villages for 2006" conducted in 2006. In addition to its official Social Responsibility campaign for the 2006 FWC , FIFA used the event to join forces with UNICEF in a campaign “Unite For Children Unite For Peace”,

http://www.engineeringnews.co.za/article.php?a_id=118871 (accessed on 18 October 2008)

Thabo Mbeki - “Address of The President of South Africa, Thabo Mbeki, on the occasion of the Budget vote of The Presidency: National

Assembly” obtained from http://www.sa2010.gov.za/node/99 (accessed on 1 October 2008) 68

http://www.shine2010.co.za/fnb_2010.php?article_id=17 (accessed on 18 October 2008)

Thabo Mbeki - “Address of The President of South Africa, Thabo Mbeki, on the occasion of the Budget vote of The Presidency: National

Assembly” obtained from http://www.sa2010.gov.za/node/99 (accessed on 1 October 2008) 70

Thabo Mbeki - “Address of The President of South Africa, Thabo Mbeki, on the occasion of the Budget vote of The Presidency: National

Assembly” obtained from http://www.sa2010.gov.za/node/99 (accessed on 1 October 2008)

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

which was launched to address issues around children subjected to armed conflicts. The objective of the campaign, which involved broadcasting to viewers of the 2006 FWC in Germany, was to ensure that every child has the right to a peaceful world, free from conflict and abuse. FIFA and UNICEF have a long-standing bond based on contributions from the Football body to the Children’s Fund.71 FIFA is also partnered with the SOS Children's Villages charity, with whom it launched the 'Let's Play, Let's Build', official charity campaign of the 2007 FIFA U-20 World Cup in Canada. Funds raised for 'Let's Play, Let's Build' were earmarked for building homes and creating outreach programmes in southern Africa for orphaned and abandoned children. Construction plans include a new SOS Children's Village in Namibia, to include a kindergarten and a family-strengthening programme. A similar programme will also be established at an SOS Children's Village in Rustenburg, South Africa.72 Plans around social responsibility for 2010 FWC appear similarly ambitious: “The 2010 FIFA World Cup™ Official Campaign marks the first time that the world's largest football event will harness the power of the game itself to inspire positive social change.”73 FIFA’s social responsibility initiatives related to the event centre around the "20 Centres for 2010" Campaign to be conducted within the framework of the Football for Hope Movement. “Football for Hope represents football's commitment to social development and is the key element of the strategic alliance between FIFA and streetfootballworld.” The "20 Centres for 2010" aims to raise 10 million USD to fund the construction of 20 Football for Hope Centres across Africa. Five centres will be located in South Africa, including one in Alexandra in central Johannesburg and further 15 across the continent.. Each will feature a mini-pitch along with classrooms and health care facilities, providing youths a place to play as well as access to counselling, health and educational services. FIFA is also reaching out directly to South African children through the “My 2010 School Adventure project”, an initiative of the 2010 FWC Organising Committee South Africa (OC) and the national departments of Education and Sport and Recreation, focuses on three key areas - education, development of sports skills and coaching, and participation in regional and nationwide schools football tournaments.74 The first phase of the “Adopt a Nation” school programme, which forms part of the ‘My 2010 School Adventure’ project, aims for pupils and teachers to learn more about the teams participating at the 2009 Fifa Confederations Cup as part of their school curriculum. The programme also hopes to build relationships with schools in the countries who have qualified. From September 2008 to January 2009, pupils from across the country will work on creative elements such as essays, poetry, art projects, music and dance performances relating to the Fifa Confederations Cup, with the winning submissions also standing a chance to win tickets for the Fifa Confederations Cup 2009 and 2010 FWC. 75 FIFA’s commitment to social responsibility opens up avenues or possible cooperation between child rights activists and FIFA around the event.

Unicef Website http://www.unicef.org/football/index_intro_33797.html (accessed 8 October 2008)

FIFA website http://www.fifa.com/aboutfifa/worldwideprograms/releases/newsid=570671.html (accessed 8 October 2008)

FIFA website http://www.fifa.com/aboutfifa/worldwideprograms/20centres2010.html (accessed 8 October 2008)

SA Cities website http://www.sacities.net/2008/sept30_joburg.stm (accessed 28 September 2008)

SA 2010 Website http://www.sa2010.gov.za/news/290908_2010schools.php (accessed 1 October 2008)

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

4.4

FIFA and Host City Security Plans

South Africa’s experience in managing security for high-level events includes hosting of the conference against racism, discrimination and xenophobia in 2000 in Durban, the World Summit on Sustainable Development (WSSD) in 2002, the 1998 Non-Aligned Movement summit, 1995 Rugby World Cup, the African Cup of Nations in 1996, All Africa Games in 1999, Cricket World Cup 2003, and the recent T20 World Cup 2007. 76 The South African Police Service (SAPS) will be primarily responsible for safety and security on a national, provincial and local level during the event, as noted by SAPS representative Stan Gibson during the Johannesburg Forum: “SAPS has a constitutional mandate for safety and security of the country. In this regard they are working in conjunction with the FIFA organizing committee to ensure security during the event”77 Challenges faced relate to new crime threats, notably: ‘xenophobic’ attacks on (black) foreigners. This is considered particularly problematic as this event is marked as an African World Cup so would want to attract African visitors. The rise of Organised crime is also an issue of concern. 78 4.4.1

International Cooperation

Suspended National Police Commissioner and former Interpol President Jackie Selebi believes the 2010 FWC provides opportunity for South Africa to learn best police practice from nations who have successfully hosted soccer world cup tournaments. Interpol, which has 106 member states, will play a central role in assisting to co-ordinate training for South African Police Service members in preparation for 2010 FWC. The world body will also coordinate the deployment and presence of police forces from other countries for the 2010 FWC. According to Ronald Noble, Secretary-General of Interpol, national police forces in different countries need to focus beyond borders to fight international terrorism. Interpol has developed a global training strategy and plans to establish a training office to coordinate the training of police officers around the world. Some of the issues discussed at the 16th Interpol Symposium for Heads of Police Training in March 2007 included measures to improve international co-operation in police training in a bid to assist countries with limited resources.79 4.4.2

National Security

During a presentation at the Tshwane workshop on the National Security Plan for the 2010 FWC, SAPS Assistant Commissioner Ben Groenewald noted that while SAPS is the lead agency responsible for national security, Local Organising Committees (LOCs) are responsible for local security, and can co-opt others where necessary. The 2010 FWC is a “major event” which is overseen by government structures mandated by the Cabinet. The National Security Council (NSC), which was established in 2000, is the operational structure for major events. The operational arm of the NSC is the Joint Operational and Intelligence Structure (JOINTS) which is made up of 14 departments. Within JOINTS, priority committees are established for specific events/ issues. For example, child exploitation could be focused on in a priority committee. All “major events” are coordinated by a JOINTS Planning Team which is responsible for most preparatory work.

Appel Michael “Over 30 000 police for 2010 World Cup” http://www.sa2010.gov.za/news/071120_police.php Pretoria 20 November 2007

Stan Gibson (SAPS), “SAPS 2010 FWC Security Plan”, (Johannesbureg, 28 August)

Director Jacobs (SAPS), “SAPS 2010 FWC Security Plan”, (Cape Town: 12 August 2008)

SA 2010 Website http://www.sa2010.gov.za/news/07030516151002.php (accessed 1 October 2008)

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

Just before the Major Event, these evolve into Joint Operations Committee (JOCOM), Joints Operations Centre (JOC), and Venue Operation Centre (VOC). 80 The safety and security cluster for the 2010 FWC is led by the South African Police Services (SAPS). A joint committee has been formed with all other security organisations. Provinces have held safety and security summits throughout the country, and some of the provinces, particularly the Western Cape and North West, were on schedule with their programmes by June 2008. Private security companies as well as business operators, community policing forums and other organisations have been included in planning and platforms have been created to air their views.81 The safety and security plan for the 2010 FWC involves police being divided into sections, with teams patrolling and focusing on FIFA headquarters, hotels, stadiums, Fan Parks, restaurants and tourists destinations. Special courts will be available 24 hours seven days a week to ensure access to justice during the tournament.82 All security and safety forces will be integrated for the event. The plan includes measures for disaster management; health; operational support (ambulances etc.); traffic; enforcement; metro police etc. The integration of these different role players poses challenges as all have different ways of working, that must all be aligned with set standards & operating procedures. 83 In preparation for the 2010 FWC SAPS was allocated R600-million by government to spend on event security during the 2007-2008 financial year. Most of this money has been earmarked to buy equipment including from light aircraft, retractable fencing, mobile command centres, water cannons, crime-scene trailers, new armour for vehicles and new tools needed for the bomb squads. 84 In addition to heightened security specifically focused around event sites, the security plan includes extra monitoring and support to 169 police stations with high violent-crime rates.85 The number of South African police to be dedicated to 2010 FWC security has increased from an estimated 30 000 in 2007, to a current estimate of 41 000, according to Deputy Commissioner Pruis.86 These officers will be deployed at Premier Soccer League (PSL) matches during 2008 and 2009 to gain experience.87 It is also hoped that in addition to the 45 000 reservists currently serving in the country, another 50 000 may be recruited by 2010. Officers are undergoing joint operations training, which involves simulations to sharpen skills and ensure that South Africa's various security forces work together, in various parts of the country.88 In addition to police, security personnel and reservists, support will also be provided by the South Africa National Defence Force (SANDF) for certain tasks, such as border control.

SAPS Ass. Comm. Ben Groenewald, Tshwane consultative forum. 27 August 2008

Dan Moyo (Acting Head, 2010 Unit, SRSA) http://www.pmg.org.za/report/20080611-fifa-world-cup-preparations-input-department-sports-and-recreation

Appel Michael Over 30 000 police for 2010 World Cup http://www.sa2010.gov.za/news/071120_police.php Pretoria 20 November 2007

Director Jacobs (SAPS), “SAPS 2010 FWC Security Plan”, (Cape Town: 12 August 2008)

ibid.

Troye Lund'Criminals not planning for 2010' in Fin 24 Aug 13 2008 http://www.fin24.com/articles/default/display_article.aspx?ArticleId=2375335

Simangaliso Zwane “We've Got 2010 Covered: Sa Police” 20 August 2008

Southafrica.Info Gateway: Http://Www.Southafrica.Info/2010/Safety-

200808.Htm 87

Appel Michael Over 30 000 police for 2010 World Cup http://www.sa2010.gov.za/news/071120_police.php Pretoria 20 November 2007

Simangaliso Zwane “We've Got 2010 Covered: Sa Police” Southafrica.Info Gateway 20 August 2008 Http://Www.Southafrica.Info/2010/Safety-

200808.Htm Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

A 2010 FWC intelligence coordinating committee has been set up between police and military intelligence to explore options on how to counter opportunistic terrorism, hooliganism and unruliness. The unit is also compiling a list of undesirable people, including known offenders, who will not be granted access to the country.89 According to South African national police spokesperson Superintendent Ronnie Naidoo police view crime against women and children as a high priority in the lead-up to the 2010 FWC. Naidoo noted in October 2007 that the police would identify potential threats such as the exploitation of children during the 2010 FWC and inform the public of these a few months prior to the event.90 4.4.3

Host City Security

As part of the national security plan, every host city will have one dedicated 2010 FWC police station, modified to accommodate separate holding cells, a courtroom to expedite judgments and a home affairs office for possible deportations91 (and repatriations). Each stadium will have one or two mobile police centres, equipped with hi-tech monitoring equipment and computer systems to, for example, run checks on people's identities. It is estimated that each stadium will have 64 or more public-order police officers on guard. Support will also be provided by international police officers as well as guards and marshals from the local security industry.92 International police officers from every playing country will wear their country's uniforms and will help to communicate with visitors and spot dangerous situations. 93 Presentations done by the host city organising committees in Cape Town, Tshwane, Nelspruit and Polokwane provided some background information regarding the responsibilities of each of the host cities. It was noted that each host city had to sign an agreement with FIFA in order to commit itself to certain requirements in line with the FIFA vision and mission statements. An organising committee has been appointed in each city in order to fulfil certain operational requirements such as building stadiums, establishing fan parks and public viewing areas, economic development, tourism and accommodation, public health and safety and security. Director Jacobs in Cape Town emphasised the fact that SAPS hopes for a minimal visible presence during the vent, wishing instead to: “focus on soccer and fun”. The intention is to maintain a “subtle but strong background presence”. The plan is built with the aim to “Build 2010 with 2020 vision”. The plan encompasses 3 phases, namely 1 - capacity building; 2 consultation & information sharing; and 3 - bedding down the actual plan. The current framework is based around the event’s footprint. Strongest focus will be around the Stadium; Public viewing areas; Fan parks; Training camps; and Base camps. There will also be a “no-flight zone” for heightened security around the event. It is expected that about 350 - 400 000 people may be gathered in ‘formal facilities’, excluding other informal venues & gatherings. The Security Framework is intended to support this. 94

ibid.

Surika Van Schalkwyk “Sex tourism takes hold in South Africa” Mail&Guardian Oct 31 2007 http://www.mg.co.za/article/2007-10-31-sex-tourism-takes-

hold-in-south-africa 91

Eliseev

Alex

“Safety

paramount

for

2010,

says

top

cop”

The

Star

March

2007

http://www.iol.co.za/index.php?set_id=6&click_id=19&art_id=vn20070328004004229C200860 92

ibid

Director Jacobs (SAPS), “SAPS 2010 FWC Security Plan”, (Cape Town: 12 August 2008)

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Molo Songololo

Plans are still being refined and lack in finer details - many of which will only be revealed after the Confederation Cup and Final Draw on 4 Dec 09 at CTICC. The next step will be engaging the public and ensuring systems compatibility between different role players. It is important that there be constant engagement from the public to maintain focus, as it is believed that consultation with stakeholders will add depth and understanding to a more comprehensive plan.95 4.4.4

Border Control

South Africa shares borders with Namibia, Botswana, Zimbabwe, Lesotho, Mozambique and Swaziland. At a conference on Border control in Johannesburg in May 2008 Scorpions' head of crime analysis, Nhlanhla Ngidi noted the country’s vulnerability due to the fact that it has 72 official ports of entry "and a number of unofficial ports of entry where people come in and out without being detected" along SA's 5 000km-long land borderline. The problem of porous borders is compounded by the lack of adequately trained employees, resulting in only 19 police officials controlling 600km of the country's coastline and 283 officials controlling the land border, according to Ngidi. 96 In his report on border control by the police, which took over the function from the army, the auditor-general found there was human resource incapacity of 71%, which hampers the police's ability to combat the illegal movement of goods and persons. According to the audit report, the failure of the police to undertake a detailed borderline-needs analysis "increased the risk of a fragmented approach to intelligence-gathering and breaches of security".97 Ngidi believes there is a need for a comprehensive border security strategy and a single agency that would take charge of border security and co-ordinate and analyse raw intelligence to map out crime trends. The need for a comprehensive strategy for border security is confirmed by Major-General Pius Mogale of the Botswana Defence Force who believes the development of a regional border management strategy is key to national border security. This would require co-operation between national and regional agencies.98 Workshop participants consulted in this research indicated that there could be an increase in external trafficking in children. Within the context of safety and security, concern was therefore raised regarding the control of borders. Participants emphasised a need to strengthen border security, especially at the more porous borders. Crossborder problems related to child labour were identified in the Johannesburg workshop, where a participant claimed that: “SAPS does not mention engagement of broader SADC region. For example, Swazi police might react sooner if they are made aware of Swazi children exploited in SA.”99 These concerns were further supported by Director Gibson (SAPS) at the Johannesburg workshop, who noted that: “We know currently people are crossing the border as they want to. Measures are being taken to tighten border security. That’s where the links will be with International countries. This will include searching freights”. At the Nelspruit workshop 95

ibid.

Sabelo Ndlangisa

Criminals to target SA pre-2010 News24 1 June 2008 http://www.news24.com/News24/South_Africa/News/0,,2-7-

1442_2332696,00.html 97

ibid.

Cheche Selepe - World Class Cities for All campaign. Johannesburg

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Molo Songololo

Director Gibson noted that SAPS will be using visual technologies, which will involve taking pictures of people coming into the country, and that they have equipment that can identify wanted people. Border Control (BCOCC) was formerly a priority committee of JOINTS, but is now run independently under SARS Border Control, which is responsible for Ports of Entry. There is an MOU between BCOCC & JOINTS that for 2010 FWC the JOINTS structure will also take responsibility for Ports of Entry as BCOCC do not have capacity to do Borderline patrol. This was previously the responsibility of the South African National Defence Force (SANDF), who have now exited from internal functions, only focusing on their constitutional functions of external defence. Borders with neighbouring countries were previously managed by SANDF. Some critical borders have not yet been withdrawn and will remain SANDF responsibility until after 2010 FWC. 100 The border control component of South Africa's security plan for the 2010 FWC has been divided into ports of entry and the border line. The SAPS has established operational committees with neighbouring countries, and an organisation called the Southern African Region of Police Chiefs was set up. Although South Africa does not have policing jurisdiction in neighbouring countries, the same security protocols put in place for the 2010 FWC would apply in the region, and SAPS members would be deployed in these neighbouring countries: According to Deputy Commissioner Pruis: "Whether people will stay in Mozambique or Swaziland, the protocols applicable to securing the hotels will be the same, route security will be the same, airport security will be the same."101 Representatives from border security at the Beit Bridge land border to Zimbabwe, the Oliver Tambo International Airport in Gauteng, and the Durban Harbour were consulted via email as part of this research process102. They were unanimous in agreeing that the 2010 FWC does pose a potential risk for an increase in crimes such as trafficking in children for prostitution purposes and other sexual exploitation, as well as child labour and the using of minors in crimes as theft. The fact that South Africa has no specific legislation criminalising the growing scourge was also noted. The Beit Bridge representative consulted noted that IOM provided Human Trafficking Courses to the majority of the members at the Port of Entry. There is still shortcomings that need a co-ordinated effort to train all Departments’ stakeholders. Members were made aware of the Children’s Act no 38 of 2005 , which is still not fully operational. It is believed that a Child desk at the Port of Entry, to be staffed twenty four hours a day by the social development office could address child trafficking victims. The Durban Harbour representative did not note any such training, indicating that no training had been received regarding trafficking. The training was also not mentioned by the OR Tambo representative. It was however noted by both representatives that different types of training is scheduled to be conducted focusing on the 2010 FWC. The Beit Bridge representative consulted does not believe that they are fully prepared for the potential impact the 2010 FWC could have on an increase in trafficking of children.. Children currently are taken to Musina SAPS where they will be handled by the social

100

National Ass. Comm. Ben Groenewald (SAPS), “SAPS Security Plan for 2010 FWC ”, (Tshwane: 27 August 2008)

101

Simangaliso Zwane “We've Got 2010 Covered: Sa Police” Southafrica.Info Gateway 20 August 2008 Http://Www.Southafrica.Info/2010/Safety-

200808.Htm 102

Supt Coetzer National Ports of Entry - emailed response to questionnaire, including responses from Beit Bridge, OR Tambo and Durban Harbour

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Molo Songololo

workers if they have staff and the UNHCR. It is felt that a more structured mechanism is needed, and the way children are dealt with needs to be addressed. 4.4.5

Airport Security

Management of aviation security is conducted in line with the standards and recommendations of the International Civil Aviation Organisation (ICAO), which determines the measures airports have to comply with. Airports Company South Africa (Acsa) has national over- sight of aviation security, which is vested in the National Aviation Security Committee (NASC). 103 NASC includes representatives from the South African Civil Aviation Authority, the South African National Defence Force, the SAPS, Acsa, the Air Traffic Navigation Services and other State organs. This committee continually reviews the adequacy of systems, processes and procedures designed to address the vital area of aviation security effectively. 104 Acsa is allocating resources to the day- to-day running of security operations, including personnel, required for increased security requirements in the build-up to the 2010 FWC. In addition to other advances in improving aviation security, the access control system at OR Tambo International Airport is being upgraded. The same system is to be rolled out to other Acsa airports. Acsa works in close collaboration with the South African Police Service (SAPS) and various security agencies, as well as customs and immigration, to install effective measures to counter possible threats. 105

103

Gerrit Bezuidenhout Engineering News 14 December 2007 Security at airport aligned with passenger traffic growth, says Acsa

http://www.engineeringnews.co.za/article.php?a_id=122581 104

ibid.

105

ibid.

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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POTENTIAL IMPACTS OF THE 2010 FIFA WORLD CUP ON TRAFFICKING IN CHILDREN (TIC)

This section begins with an overview of concerns raised around the potential impact of the 2010 FWC on human trafficking, looking at concerns raised by international organisations, as well as regional and national concerns. A number of high risk factors that can be considered as potential threats to children’s safety during the event are noted, followed by a discussion of the types of impacts that can be expected in terms of internal and external trafficking. The section concludes with an overview of children who have been identified as most at risk. 5.1

Impact on human trafficking – concerns raised in literature reviewed

This section will highlight some of the concerns raised regarding the increase in human trafficking in South Africa before, during and after the 2010 FWC. This has occurred at international and national levels. 5.1.1

Concerns raised by international organisations

In September 2007, UN agencies raised concerns about the potential threats of increased trafficking around the 2010 FWC at a joint press conference of the IOM, ILO and UNODC. One of the major concerns raised was the fact that none of the countries in Southern Africa have specific anti-trafficking legislation in place. It was also noted that although South Africa and Mozambique are more advanced than the rest of the region, the capacity of the police and judiciary to deal with the problem is low. Fears were expressed about the possible increase in prostitution and the fact that there are a growing number of vulnerable children who had crossed from Zimbabwe into South Africa.106 In November 2007, a conference was held by the Global Alliance Against Trafficking in Women (GAATW) in Bangkok. One of the topics on the agenda was the need for the Southern African region to prepare adequately for the upcoming world event as there will be a mass influx of tourists. In letter posted to the web on 30 November 2007 in response to the GAATW conference, it is stated that “human trafficking is a pervasive global problem, and strong laws are vital to preventing and prosecuting it, as well as caring for survivors”. The group also states that one of the major problems with anti-trafficking laws are that they focus more on arresting the traffickers than providing support and protection to men, women and children who are the victims of trafficking. It therefore calls for a human security perspective which puts the rights and needs of the trafficked individuals first. This would include: basing policies on evidence collected from trafficked people; informing victims who have been trafficked from other countries how they can access services in their home country upon return; and monitoring and evaluating the impact of anti-trafficking measures. The group highlights the fact that countries such as South Africa have the unique opportunity to learn from mistakes made by other countries and therefore they have the opportunity to create country-specific legislation based on sound research and evidence, to develop measures which take into account the rights of trafficked people and to deal with the root causes of migration.107

106

UN urges action on 'scary' levels of trafficking in Southern Africa, http://www.haaba.com/news (accessed 14/7/08)

107

Graham, T. (2007) “Human Trafficking a Concern for 2010”, http://allafrica.com/stories/printable/200711300860.html

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5.1.2

Regional and national concerns

A number of organisations based in countries across the Southern African Region have voiced concern about the 2010 FWC on trafficking in the region. For example, the Vision Africa Network in Zambia has raised the concern that the event may increase trafficking vicitms from Zambia. This came after the release of recent reports by the Human Rights Commission which indicated that many adolescent women and children from Zambia have been trafficked to Ireland, Botswana and South Africa for sexual exploitation. 108 On a national level, there has been much debate and press coverage regarding legalising prostitution during the event. One of the major arguments in support of this is that decriminalising the sex industry would prevent an increase in human trafficking during this time which would involve women and children being forced into the sex industry to meet the demand for sexual services.109 In April 2008 the South African media quoted the former National Police Commissioner, Jackie Selebi, as requesting the Parliamentary Safety and Security Committee to urgently consider legalising prostitution as the police do not have the capacity to police the levels of prostitution demands that could characterise the 2010 FWC.110 It is worth noting that evidence from Germany showed that demand for sexual services did not significantly increase during the 2006 FWC, and no increased in trafficking for the purpose of sexual exploitation was noted. This has been partly attributed to extensive awareness campaigns conducted around the issue of forced prostitution. Children's rights organisations across South Africa, including Childline, RAPCAN and Molo Songololo continue to raise concerns about the impact of 2010 FWC on child trafficking. This is in light of the fact that the only legislation criminalising human trafficking of any sort in South Africa is contained in the Children's Act of 2005 (see 6.3.2), which is still not fully operational. Although the first part of this act has been passed, the second part of the Act the Children's Amendment Bill - which deals with the competencies of provincial government regarding children's services and the implementation of regulations, has not yet been passed through parliament. Because of this, the Child Care Act of 1983 is currently being utilised by social workers and this contains no references to trafficking. Child rights organisations are therefore pressuring the government to speed up the passing of legislation and there are fears that, even though it is passed it would not be implemented for the next three to four years. Furthermore, it has also been predicted that it would be five to eight years until there were enough human resources, funding and enough trained social workers for the Act to be properly implemented.111 The impact of the 2010 FWC on the poor and vulnerable communities across South Africa has been the focus of the national campaign named “World Class Cities for All (WCCA)” which was originally launched by StreetNet International for the 2006 FWC in Germany. The campaign, which is supported by a number of national partners from different sectors, aims to challenge “the traditional elitist approach to building “World Class Cities” in preparation for the FIFA World Cup in 2010 - and seeking to create a new, more inclusive concept of “World Class Cities for All” with the participation of street vendors and other groups of the (urban) poor. It will have a strong focus on women and other vulnerable street vendors who are the first to lose their livelihoods and the most invisible in most plans for “World Class Cities”.”

108

Zamnet “Human Trafficking worries network”, http://www.zamnet.zm/newsys/news/viewnews.cgi?category=10&id=1208164987 (accessed on 4/8/08)

109

Mbanjwa, X, “Legalise prostitution for 2010”, http://www.int.iol.co.za/general/news/newsprint.php?art_id=vn200...(accessed on 14/7/08)

110

Kiremire, M (SANTAC) “Possible impact of 2010 World Soccer Cup games on the protection of children in Southern Africa”. Paper presented at SANTAC

regional refferal system workshop, 7 December 2007. 111

Silva B., 2007 “2010 seen as child traffick lure”, http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2106998,00.html (accessed on 4/8/00)

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

In December 2007 the WCCA progress report stated that: “StreetNet has been participating in a NEDLAC Task Team which is to negotiate a Framework Agreement with the FIFA Local Organising Committee (LOC) for the 2010 World Cup, as one of three members of the Community Constituency Task Team members, siding with the Labour Caucus. In October, the Task Team has agreed on a Draft Framework Agreement.”112 Prostitution and trafficking around the 2010 FWC was also the topic of debate at an international conference held in August 2008. The conference is a joint effort between Masimanyane Women's Support Centre based in East London and The Women's Shelter in Oslo, who together focus on the rising worldwide problem of the trafficking and prostitution of young girls, women and also boys, especially from poorer African countries113. In December 2007, the South African Network against Trafficking and Abuse of Children (SANTAC) held its first regional referral workshop which was attended by representatives from a broad range of organisations mainly from South Africa and Mozambique. The main topic of discussion and reflection at this workshop was the prevention of sexual exploitation of children that could be aggravated during the 2010 FWC. The motivation behind the conference was to sensitize governments, civil society partners, private sector and other key role players to play a more active role towards preventing TIC in the context of the 2010 FWC. Strategies for intervention and prevention of TIC towards the 2010 FWC were discussed. It was planned that the following results would be achieved with the conference: 

A petition signed by participants to pressure SADC governments to approve antitrafficking law before 2010 FWC



A draft plan of action for SADC civil society and partners to prevent and eradicate child trafficking during the 2010 FWC



Obtain the commitment from the private sector, namely tourism and telecommunications among others.

Some important recommendations include: 

SADC countries need to ensure they are prepared for a possible dramatic drift into prostitution and trafficking for sexual exploitation ahead of the 2010 FWC



Government policies that target vulnerable children, youths and families need to be implemented as a matter of urgency



The region needs to ensure there are adequate laws to protect children against sexual exploitation in accordance with their commitments to the regional and international human rights instruments before the 2010 FWC



Social services (care/ support/ recovery/ reintegration) to protect those who fall victim should be in place



Enter into dialogue with the following key role-players: SADC governments, National Football Associations, FIFA, the transport and hospitality industry and other related service organizations



Embark on a massive public awareness and sensitization campaign



Develop and implement monitoring mechanisms.

112

Progress report: World Class Cities for All Campaign, December 2007, http://www.streetnet.org.za/WCCAprogressreportdec07.htm (accessed on 4/8/08)

113

International Conference on Trafficking and Prostitution. ttp://www.masimanyane.org.za/

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

Furthermore, SANTAC called for the launch of a Rapid Assessment of the social impact of the 2010 FWC in order to be equipped with adequate information regarding the prevailing and expected situations of children and young people vulnerable to possible sexual exploitation and trafficking arising out of the 2010 FWC. It was hoped that such an assessment would be able to determine the possible effects of the event on the trafficking of children for sexual exploitation and prostitution in SADC countries and to make recommendations regarding the countering and monitoring of such effects.114 High risk factors/threats to child safety

5.2

Types of activities which are also considered to be a danger to children and considered exploitative include domestic child labour; commercial and agricultural work; car guards; taxi related work; street entertaining; vending; begging; criminal and drug related activity; transactional sex; and sexual exploitation – paid and unpaid115 It was noted throughout the consultation process that the 22010 FWC could expose children to greater risks due to the sheer weight of the number of people visiting the country. The focus at present is on security against terrorist attacks and protecting the tourists against crime. The Provincial Child Protection Committee will work with all structures to ensure that a viable system is in place to protect children.116 The actual significance of some of these risks requires some investigation. It is worth noting that the anticipated ~350 000 foreign visitors to the event is not significantly more than the current average of ~100 - 200 000 foreign visitors per month. The actual magnitude of foreign visitors thus may not be much different, however their distribution around the country can be expected to differ, concentrating around the host cities and surrounding areas.117 What also needs to be considered is who the visitors are. The German experience showed that the profile of soccer fans attending such an event has become more family focused. Risks may be more considerable in terms of domestic fans hoping to abuse the opportunity for illicit profit. The potential risk of exploitation of children ‘behind the scenes’ engaged in child labour or criminal activity is considered potentially more significant than potential abuse directly involving visiting soccer fans. The increasingly ‘family-oriented’ profile of visitors also raises concerns of children being separated from their parents. The risk of organised crime escalating during the event, incited by potential opportunities, and potentially facilitated by relaxed visa requirements, could require further investigation. Specific risks related to the potential impact of a large event on trafficking include supply and demand as well as opportunity factors, and can be summarised as follows:

114



Large influx of people with expectations of economic opportunities creates ripe ground for trafficking, particularly in the context of increasing levels of poverty and unemployment.



Short term increased demand for prostitution/ sexual exploitation/ cheap labour in and around the event

Kiremire, M (SANTAC) “Possible impact of 2010 World Soccer Cup games on the protection of children in Southern Africa”. Paper presented at SANTAC

regional refferal system workshop, 7 December 2007. 115

Cati Vawda,(Children's Rights Centre), “Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September

2008) 116

Shirley Davis, DSD Cape Town, email response to survey

117

Jennifer Seif - FTTSA Tshwane workshop 27 August 2008

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo



Changes in the informal economy leading to criminal activity



Increased consumption of alcohol during the event



Closing of schools during the event



Relaxing of visa requirements and border control.

These are discussed in more detail below: 5.2.1

Poverty and expectation of economic gain

The current global economic climate is characterised by increased costs of living, which is already having significant impacts on poorer household. This situation cannot be expected to improve in the short to medium term. Poverty drives individuals and households to devise desperate means for an income. The vulnerable status of children place them at particular risk of being exploited by their elders in the hope of economic gain. Pull factors specifically related to the 2010 FWC are mostly linked to poorer communities’ perceptions regarding the socio-economic benefits of the event. These expectations should be viewed into the context of multi billion rand investments in the event by FIFA, international broadcasting and other companies, the South African government, as well as the private sector, particularly in terms of hotel and tourism related developments, as noted in Section 4.2. The presentation by the City of Cape Town 2010 FWC Operations (Ms Pam Naidoo) revealed that “the management of public expectations about socio-economic benefits to be derived from the event is a key challenge”. Concerns were raised regarding the expectations of poor communities with 2010 being viewed as an opportunity to improve their members' economic conditions. This is reflected in the following statements made by workshop participants in Cape Town, and emailed consultation with the Department of Social Development in Tshwane:  “There are many expectations around 2010 that communities will benefit. These communities should be identified to prevent children out on the street. There will be a natural attraction to the city to be part of the celebrations, children will therefore want to be part of this event and therefore be drawn to major centres." 118

 “People are positioning themselves to get a piece of the 2010 FWC to make money. Young children are also susceptible to this.” 119 “Children from rural areas are also looking for access to 2010 FWC to make a living.”120  “During major events there is an increase in the number of children who (migrate) travel to cities or venues hosting the events for the purposes of securing employment or due to peer pressure they accompany friends to be present at these events also being unsupervised. The event is widely advertised and soccer is a craze among the youth in South Africa and Africa at large. Children would ensure that they get to these venues to experience the hype and assume that they would catch a glimpse of their soccer stars. Due to poverty children also feel that they have the opportunity to secure employment in different forms.”121

118

Paul Hooper, WCSCF emailed response to questionnaire

119

Carmen de Vos Ons Plek, Cape Town workshop 12 August 2008

120

Patric Solomons, Molo Songololo, Cape Town workshop 12 August 2008

121

Gyan Dwarika, DSD Tshwane. Emailed response to questionnaire

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

The emphasis on rural areas surrounding the Host Cities is supported by research done by the HSRC which found that “there is a need to do work beyond Cape Town itself to address problems in poor areas from where people (including children) come to the city in search of fortune”122. 5.2.2

Increase in child labour

In the Cape Town workshop it was noted that an increase in child labour could result from parents sending their children to the street to beg for money from tourists or children being recruited to sell paraphernalia. Tourists may also lack information regarding the trafficking of children for purposes of child labour which may exacerbate the problem. The event could lead to an increase in need for cheap labour, and opportunities for petty crime and begging. Children are most likely to be used for these purposes, according to Paul Hooper of the Western Cape Street Children’s Forum. Hooper predicts an increase in Street Children, referring to children being abused and drawn or pushed into street life. This in turn would place increased strain on organisations working within this field.123 The increase in demand for domestic work may lead to girls being recruited from rural areas. A Cape Town participant noted: “Girls from upcountry in areas such as Beaufort West are recruited to work in people's homes, abused and end up on the streets. We foresee a big increase of that.” The concern that rural areas will become a source for victims of child trafficking is also supported by the study conducted by Molo Songololo and the United Nations Office on Drugs and Crime where it was found that “trafficking in children from rural areas to the city occur primarily for purposes of labour exploitation and child domestic labour in particular” and that “child victims of trafficking are often unaware of the exploitation and abuse that awaits them, but use the opportunity for work in the city as a life-strategy and view migration as such; an opportunity to earn money, provide for themselves, and or for their families back home”. 124 5.2.3

Increased demand for sexual services

There is concern that, with the huge crowds that the event will draw, there may be an increase in demand for sexual services and that this will lead to an increase in the trafficking in children for purposes of sexual exploitation. This concern was raised in all the workshops, as well as in follow-up consultation with stakeholders:  “It is believed that the World Cup will see an increase in the number of people being trafficked for sexual exploitation and a potential increase in the incidence of child prostitution.”125  “Such an event could also attract paedophiles who can easily disguise their purpose within the event. Sex tourism will be an increased reality as will the need for drugs which children are used to traffic.” 126

These concerns are supported by literature where debates surrounding the impact of sporting events appear to be centred around the issue of demand. The concern is based on the argument that a temporary gathering of persons in a setting such as the 2010 FWC 122

Cathy Ward, (HSRC), “Situation of children in the Western Cape”, (Cape Town, 12 August 2008)

123

Paul Hooper, WCSCF emailed response to questionnaire

124

Molo Songololo and United Nations Office on Drugs and Crime: Trafficking in Children in the Western Cape, (Cape Town, 2005)

125

Rebecca Pursell, Khulisa Management Services emailed response to questionnaire, September 2008

126

Paul Hooper, WCSCF emailed response to questionnaire

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

will lead to an increase in demand for sexual services and this demand will be filled by trafficking victims.127 In her paper, 'On the blocks: Human Trafficking for prostitution for the Soccer World Cup 2010', Zambian researcher Merab Kambamu Kiremire claims that trafficking into the South African sex trade has been going on for quite a number of years, with cross-border criminal gangs preparing to cash in on the expected sex-tourism boom around the time of the World Cup. According to Kiremire more than 500 criminal gangs are estimated to be involved in human trafficking for the sex trade in South Africa.128 The phenomenon of sex-tourism is gaining increasing publicity, and has been noted to be on the increase in South Africa, despite lack of accurate statistics as offences, when reported, are recorded under indecent assault or rape.129 Cape Town in particular is highlighted as one of the world’s top ten destinations for sex tourism.130 According to Joan van Niekerk, national coordinator of Childline South Africa, street children regularly report sexual encounters with adults who are not South African nationals. Although experts agree that reported child-sex tourism cases in South Africa are only the tip of the iceberg, Van Niekerk notes that a number of cases have been reported in the past two years. 131 Following up on cases that are reported complex as "Street children are also seen as unreliable witnesses in reporting sex tourism because they are often substance abusers and poor," according to Luke Lambrecht, head of Johannesburg's Teddy Bear Clinic for street children. "How credible is the word of a street child compared to that of a rich businessman?" 132 The reality of sex tourism is evidenced in examples of reported cases described in Box 2 below:

127

Trafficking in human beings and the 2006 World Cup in Germany, IOM Migration Research Series(Geneva, 2007)

128

Frederico Links “Human trafficking and prostitution to surge in build-up to 2010 World Cup” Namibian September 2, 2008

http://www.namibian.com.na/2008/September/national/08253BDA71.html 129

Surika Van Schalkwyk “Sex tourism takes hold in South Africa” Mail&Guardian Oct 31 2007 http://www.mg.co.za/article/2007-10-31-sex-tourism-takes-

hold-in-south-africa 130

Anel

Powell

Cape

adopt

code

curb

2010

sex

tourism

Cape

Times

August

2007

http://www.iol.co.za/index.php?click_id=13&set_id=1&art_id=vn20070827025520359C911666 131

Surika Van Schalkwyk “Sex tourism takes hold in South Africa” Mail&Guardian Oct 31 2007 http://www.mg.co.za/article/2007-10-31-sex-tourism-takes-

hold-in-south-africa 132

Surika Van Schalkwyk “Sex tourism takes hold in South Africa” Mail&Guardian Oct 31 2007 http://www.mg.co.za/article/2007-10-31-sex-tourism-takes-

hold-in-south-africa Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

Box 2: Sex Tourism Cases reported in South Africa  “An alleged sex tourist, British Anglican priest Anthony Hogg, appeared in court last year in Sea Point on charges of sexual assault, says (Cape Town-based child rights activist Linda) Anbor. "The man owned a luxurious flat that he visited about three times a year. During this time he volunteered at street-children organisations, making donations of thousands. "The priest sexually abused three children I know of: the youngest being a 10-year-old boy. Pornographic material was found in Hogg's flat. He was released on R1 000 bail and is free to enter South Africa at any time." Street children are often picked up in Cape Town's Long Street and outside the Steers fast-food outlet and the Company Garden area in Sea Point.  In another case, prominent German businessman Werner Braun relocated to South Africa and allegedly sexually abused children in the Helderberg district from 2003, over a period of two years. He fled the country early last year before an arrest could be made. He apparently stopped his activities only after the investigative television programme Special Assignment exposed him in September 2005. Some of the girls were only 11 years old when Braun sexually assaulted them for the first time. The girls all came from poor families and some were child prostitutes.  Swiss tourist Peter Zimmerman (33) was caught having intercourse with a 14-year-old Alexandra boy in his Sandton hotel room in 2005. Police confiscated pornographic material, a laptop computer and cell phone. Zimmerman was released on R10 000 bail.  "A tourist with an English accent prowled the streets of Sea Point, Cape Town, in order to find a boy to abuse sexually. James (8) (not his real name) caught the tourist's eye where he stood begging on a street corner. The man approached the boy, asking him if he wanted an ice cream. After the boy got into the car, the man drove to nearby bushes and repeatedly raped him. A few hours later he threw the badly torn and broken boy out of the car in Victoria Road. James did not talk about the incident for four years. The man was never caught, says Anbor.” By Surika Van Schalkwyk - “Sex tourism takes hold in South Africa” Mail&Guardian Oct 31 2007 http://www.mg.co.za/article/2007-10-31-sex-tourism-takes-hold-in-South-Africa

Concerns specific to the hosting of an international soccer event furthermore relate to associations of this particular male dominated sport with illicit sex. In recent years there has been much publicity around rape allegations involving soccer stars, internationally as well as locally, as can be seen from the following extracts from newspaper articles. 

“The attorney general, Lord Goldsmith, warned newspapers last night that increasingly fevered coverage of rape allegations against eight Premiership footballers could prejudice any future trial. Lord Goldsmith's intervention came in the wake of widespread coverage of allegations by a 17-year-old girl that she was attacked in a central London hotel by the footballers.” 133 October 1 2003



“Manchester United footballer Cristiano Ronaldo has been arrested on suspicion of rape.”134 19 October 2005

133

Kelso,

Paul

“Battle

control

media

soccer

rape

allegation”

The

Guardian.

October

2003

http://www.guardian.co.uk/technology/2003/oct/01/media.pressandpublishing, accessed 19 October 2008 134

News 24 “Rape charge against Ronaldo” 19/10/2005 http://www.news24.com/News24/Sport/Soccer/0,,2-9-840_1819964,00.html

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo



“Supersport United player Sibusiso Mahlangu was charged with rape during a brief appearance in the Atteridgeville magistrate's court, west of Pretoria, on Tuesday, SABC news reported.” 135 January 03 2006



“The rape trial of soccer ace Benedict Vilakazi has been postponed to March 15 for closing arguments, the South African Broadcasting Corporation reported on Wednesday.” 136 Feb 15 2006



“Manchester United defender Jonny Evans was released on police bail on Wednesday after being arrested in connection with an alleged rape of a woman at the club's Christmas party.” 137 19/12/2007

The image of ‘soccer and sex’ portrayed in the media could impact on fans’ perception of the event as a potential opportunity to indulge in illicit passions. The fact that the event is to be held in Africa furthermore brings with it perceptions of ‘exotic’ thrills provided by the continent’s (more or less) willing, sexually active men, women and children. Based on the finding in Germany that the profile of football fans likely to attend an event like the FIFA World Cup appears increasingly comprised of families, and not only single men, it may be that the fear of an actual increased demand for sexual services is somewhat exaggerated. The context of the games in Africa should however also be considered, particularly in the light of conceptions about African sexuality that could entice foreign visitors to explore and experiment. South African girl children and those from the region are often perceived to be older than they really are and used as excuse by older men in defence of having sex with under-aged children; including boys. It is also important to note that an event of this scale could bring with it a perceived demand, which criminal elements within a society could seek to exploit. This is discussed further below. 5.2.4

Increase in organised crime

Safety and Security Minister Charles Nqakula expressed concern over the potential increase in organised crime around the 2010 FWC event in February 2007. Minister Nqakula noted that certain ambassadors had tipped off government about criminals from their countries heading to South Africa to take advantage of the 2010 FWC to engage in criminal activities, including human trafficking. This prompted security chiefs from SADC countries to prioritise border control a ahead of the World Cup according to the minister. 138

At a conference on border control in Africa held in Johannesburg in May 2008, Scorpions' head of crime analysis, Nhlanhla Ngidi, said syndicates were likely to use the influx of travellers into the country ahead of the tournament to get inside South Africa's borders. 139

135

Business Report January 03 2006 “Soccer star accused of rape” http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=qw11362870820B263

136

Mail & Guardian Feb 15 2006 “Soccer star Vilakazi's rape trial postponed” http://www.mg.co.za/article/2006-02-15-soccer-star-vilakazis-rape-trial-

postponed 137

News 24 “Rape charge against Ronaldo” 19/10/2005 http://www.news24.com/News24/Sport/Soccer/0,,2-9-840_1819964,00.html

138

Boyd

Webb

'Criminals

plan

hijack

2010'

Pretoria

News

February

2007

http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20070217095030516C923322 139

Sabelo Ndlangisa

Criminals to target SA pre-2010 News24 1 June 2008 http://www.news24.com/News24/South_Africa/News/0,,2-7-

1442_2332696,00.html Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

Ngidi noted that there are already signs that organised crime was "pervasive" and targeting SA, and he believes that the tournament "will attract even more organised crime groups" specialising in drugs, human trafficking, counterfeit medicines and cybercrime. "The information we have is that terrorist groups are already preparing for 2010. There is a possibility that terrorist organisations may target the event." Ngidi specifically referred to an increase in human trafficking. 140 During this research workshop participants raised the issue of gangs and organized crime syndicates already operating in the country, with concerns that these criminal groups are targeting children in order to fulfil the perceived increase in demand for prostitution and drugs which the event may bring. Although the extent of this cannot be verified, workshop participants gave chilling insight into the current workings of some of these operations:  “Recruitment is very sophisticated – girls are working at sophisticated levels – taking drugs across borders. Girls coming onto the streets are identified and recruited and then processed into prostitution and drug traffcking. They are used to bring drugs into the country and are working in a very sophisticated, wellresourced environment.”141  “There is evidence around child labour and recruitment processes involving gangs, drug sellers & runners, pointing to increased vulnerability of children”.142 According to deputy national police Commissioner André Pruis ongoing assessment of organised criminal activity forms a key component of SAPS’ security plan for 2010 FWC. Pruis recently indicated that intelligence reports show no criminal syndicates to be focusing specifically on the 2010 Fifa World Cup. This to some extent conflicts with reports from Minister Nqakula and Scorpions representative Ngidi noted above. According to Pruis the police are analysing syndicates, especially those which "may" get involved in crime related to the World Cup, on a day-to-day basis. 143 5.2.5

Increased consumption of alcohol

The increased consumption of alcohol during the event was considered as another factor which may contribute to increasing the vulnerability of children. This includes high levels of alcohol on the way to events, at home, in shebeens and bars.144 It was noted at the Durban workshop that “many people will be watching the games in their own homes and communities where there will be much alcohol. If we are able to control access to alcohol and exposure of children to alcohol we may see less exploitation”145 These concerns were confirmed by Director Jacobs from the SAPS at the Cape Town workshop, who noted that: “In terms of alignment of local laws with FIFA requirements, there have been some difficulties to agree on. One of these relates to alcohol which is not allowed in public places in South Africa. FIFA are calling for this law to be relaxed. It is hoped that this can be contained to specific areas… The creation of a Fan Mile as an

140

ibid.

141

Paul Hooper, WCSCF Cape Town workshop 12 August 2008

142

Prof V Reddy, (HSRC-Gender & Development) “Overview of Abuse, Exploitation & Trafficking of Children in SA”, (Tshwane, 27 August 2008)

143

Troye Lund'Criminals not planning for 2010' in Fin 24 Aug 13 2008 http://www.fin24.com/articles/default/display_article.aspx?ArticleId=2375335

144

Cati Vawda,“Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September 2008)

145

Patric Solomons, Molo Songololo Durban workshop 11 September 2008

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

organised structured area where people can be more free, but still in control, could provide a suitable compromise for alcohol prohibitions”146 The relaxation of laws related to the consumption of alcohol in public spaces may therefore increase the risks posed to children during the event as it could lead to “distracted or temporarily disabled adults”147 Selebi and his deputy Andre Pruis suggested that host cities for the 2010 FWC have dedicated red-light districts. He was reported saying that it was inevitable that large numbers of visiting supporters would indulge in prostitution and street drinking and mass arrests would be impractical. Selebi suggested that there be designated open areas that would be properly policed, where tourists could drink.148 Molo Songololo has observed that there are signs that the adult sex industry in south Africa is positioning itself to meet the perceived increase demand for sexual services during the 2020 FWC; and thus of the opinion that an increase in adult prostitution will bring with it an increase in the sexual exploitation and prostitution of children. 5.2.6

Closing of Schools

The fact that the 2010 FWC event will occur over an extended school holidays has been identified as potential risk factor as this will lead to a sharp increase in the number of unattended children over a longer period of time. This will result in many children being unsupervised by adults during the day for the duration of the 2010 FWC which increases their risk of being abducted and exploited. It is believed that children within SA will be at risk if they are kept out of school during the duration of the tournament.149 A Child Welfare representative at the Johannesburg workshop emphasised the fact that schools will be closed during the 2010 FWC as one of the biggest concerns around the event, noting this to mean more unattended children on the street while parents are at work.150 A representative of the WCSCF in Cape Town noted that lack of entertainment, cultural expression and education, can increase vulnerability, and that holidays can thus be considered especially vulnerable times for children.151 Participants in Durban also highlighted this concern, noting the need for alternatives to be put in place to keep children occupied during this period.  “During the holidays there are more children on the street begging. By closing the schools we will have increased the number of 'part time' children on the streets.”152  “The Education department is going to close schools – this is a danger that we should oppose. Children will be rendered vulnerable as there will be no control of where children are and there will be no protection for them.”153

146

SAPS 2010 FWC Security Plan – Director Jacobs, (Cape Town: 12 August 2008)

147

Cati Vawda,“Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September 2008)

148

Ayanda

Mhlongo,

Mauricio

Langa

and

Sapa

“2010:

Sex,

booze

and

soccer”

Daily

News

April

2007

http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20070403090807905C365172 149

Rebecca Pursell, Khulisa Management Services emailed response to questionnaire, September 2008

150

Marihet Infantino, Child Welfare SA, Johannesburg workshop 28 August 2008

151

Paul Hooper WCSCF cape Town workshop 12 August 2008

152

Denise Cochrane, ICare Durban workshop 11 September 2008

153

Sharon Shevill, CRC, Durban workshop 11 September 2008

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo

 “There will be an extended school holiday by two additional weeks. Children will be unsupervised over this time. People are asking what alternatives are being put in place.”154 5.2.7

Relaxing of Border Control

Another development related to the event it that South Africa is planning to introduce visafree travel across southern Africa in time for the 2010 FWC. This means that nationals of the 14 members of the Southern Africa Development Community will be allowed to move across the bloc's internal borders on a passport alone. According to the Executive Director, Mr Francis Mfune, most borders within the SADC region are already open and the purpose is to promote freer business travel and trade in the region. 155 Concerns about relaxing migration controls have been voiced from various sectors. For example, COSATU has voiced fears that it would precipitate an influx of economic migrants to South Africa, which has unemployment figures of up to 40 per cent. The regional representative of the IOM, Hans-Petter Boe, has welcomed the initiative but warned South Africa could see a surge of immigration such as that experienced by Western Europe after 10 states joined the European Union in 2004.156 Although visa requirements for citizens of sub-Saharan African countries may be relaxed during the event, SAPS has emphasised that actual border security will be tightened (see Section 4.4.4). Internal and External Trafficking

5.3

Geographical Hotspots/ danger zones

There was general consensus amongst workshop participants that ‘all areas’ could be considered vulnerable. Some more specific inputs regarding specific ‘hotspots’ where trafficking may be expected are noted below: In Host Cities

Specific hotspots that have been identified in the host cities of Cape Town, Johannesburg, Durban, Nelspruit and Polokwane include: 

Cape Town: Sea Point; Long Street area of CBD; Grand Parade; foreshore; and outlying CBD areas, as well as within specific vulnerable communities with few support services such as Wallace Dean, Clark Estate, Elsies River and Tableview. Western cape Street children’s forum (WCSTF) workers report that the shebeen girls of Khayelitsha as well as the Taxi boys are very vulnerable. 157

154

Patric Solomons, Molo Songololo, Durban workshop 11 September 2008

155

FIFA 2010 World Cup Research Project http://www.hsrc.ac.za/Research_Programme-Page-80.phtml (accessed on 26/7/08)

156

Burgis, T., “South Africa to open borders for 2010” http://www.ft.com/cms/s/0/4cebb7c6-253b-11dd-a14a-000077b07658.html?nclick_check=1(accessed

on 4/8/08) 157

Paul Hooper, WCSTF, Email response to questionnaire

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo



Johannesburg: Hotspots in Johannesburg include the inner city; centres in Hillbrow; and informal settlements (e.g. Diepsloot), as well as Rosettenville, which used to be known as area for child prostitution.158



Durban: Within Durban City Centre Point, North Beach; Victoria Embankment Harbour and Albert Park are considered hotspots. other surrounding areas that are also considered high risk areas for children living there include Chatsworth, Phoenix, Umlazi/Folweni, Sydenham and Wentworth (links to drugs), and Inanda.159



Nelspruit: There was noted to be a high incidence of child prostitution in the Matafin area where two schools were demolished and replaced by temporary structures in preparation for the 2010 FWC. These structures were burnt down by the pupils in protest. High incidence of child prostitution were also noted around the farm areas in Nelspruit with most of the customers reported to be tourists.160 ‘Hotspots’ identified by the Mpumalanga Department of Health includes: the Bambayi squatter camp near Ngodwana (where the economy is based on the sex trade, which was introduced to cater for long distance truck drivers); Kriel, at the border post at Komatipoort; and at the Alroepark centre in the middle of Nelspruit.161



Polokwane: Child labour and increasing child sexual exploitation were noted as significant problems in Limpopo. Workshop participants say that children are prostituted on the streets. Exploitation of rural children to work on different farms was also noted.

This level of information could unfortunately not be obtained for all host cities at this point, nut it can be assumed that inner cities, informal settlements and vulnerable communities in all these areas can be considered most at risk. Around and Outside the Cities

Areas outside the host cities can be deemed vulnerable in terms of potential recruitment of children of rural children for commercial exploitation around event sites. During consultation the Eastern Cape and Kwazulu Natal were noted as source areas for sexual exploitation to Johannesburg, while Beaufort West was cited as source area for Cape Town. The Limpopo region was noted particularly with regards to trafficking for body parts. Rural communities situated along major road, rail and taxi routes were indicated to be particularly vulnerable. In the region

Within the region, the countries discussed in Section 3.2.2 all have reported trafficking links with South Africa. These include Angola; Botswana; Congo, Democratic Republic; Congo, Republic; Lesotho; Mozambique; Malawi; Namibia; Swaziland; Tanzania; Zimbabwe; and Zambia. Of these those with direct borders to South Africa may be considered most vulnerable, particularly as the event footprint spans across South Africa, including cities situated within relative proximity to border posts. This includes Mozambique, Swaziland, Lesotho, 158

Annette Brokensha, Childline Gauteng. Email response to questionnaire

159

Vawda Cati Durban workshop 11 Spetember 2008

160

Nelspruit workshop discussion 17 September 2008

161

ANC Daily News Briefing 23 January 1998 “Mpumalanga Prostitutes In Aids "Hot Spots" Targeted” http://70.84.171.10/~etools/newsbrief/1998/news0124

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Zimbabwe and Botswana, and Namibia162. Workshop participants in Johannesburg, Nelspruit and Polokwane referred to Zimbabwe, Mozambique as well as Swaziland as source countries for trafficking victims to South Africa. Areas located in close proximity to borders were noted as particularly vulnerable. In this regard the Beit Bridge border area was identified as an area known for trafficking for sexual exploitation as well as domestic work. A representative from Amazing Grace Children’s Home noted villages close to the Matsamo and Lubobmo border as prime transit area for trafficking victims. 163 The Beit Bridge SAPS representative consulted in this research confirmed an increase in migration of children, noting that many children are entering the border accompanied by adults who are not their parents. Minibus drivers are requested to transport children to Gauteng to their parents as they are working and not able to fetch them in Zimbabwe. Many minors are also seen with adult asylum seekers from Somalia , DRC and even Zimbabwe. It is felt that there is a need for more control measures and procedures such as a child desk at the Port of Entry. Relaxing of visa requirements for intra-regional travel could increase potential risks within the SADC region. 5.3.2

Increase in internal trafficking in children

There was consensus amongst participants at all of the workshops held as part of this research that the 2010 FWC will have an impact on child trafficking with one of the biggest concerns being that children in South Africa are already vulnerable to abuse, exploitation and trafficking. Internal trafficking concerns relate primarily to recruitment of children from rural areas for exploitation in the major Host Cities. Concerns were also raised that children may make their own way to the cities in a desire to be part of festivities, which could render them vulnerable to exploitation. 5.3.3

Potential increase in external trafficking

The phenomenon of external trafficking should be considered in the context of a general increase of migration in Africa, particularly to South Africa, over the past decade. Bouillon notes that the opening of South Africa to the rest of Africa, especially in terms of trade, saw increased immigration by Africans into South Africa. This coincided with the adoption by Europe of the Schengen Convention, making immigration to Europe more difficult.164 In 2001 the Department of Home Affairs concurred with such an increase in migration from the region since 1994, citing conflict and economic hardship in African countries as the main reasons why immigrants come into South Africa illegally.165 In recent years migration, both legal and illegal, has continued to increase significantly, particularly with the escalation of economic and political hardship in Zimbabwe.

162

While the Namibian border is not situated in close proximity to any of the Host Cities, migration from this country to Cape Town is common, and could be

impacted by potential ‘pull’ factors related to the 2010 event. 163

Vusi Ndukuya - Amazing Grace Children’s Centre Nelspruit workshop 17 September 2008

164

Antoine

Bouillon

Occasional

Paper

No.

3 (Year

1998)

“New” African Immigration to South Africa 165

SABC News “South Africa A Haven For Illegal Immigrants Says Home Affairs” February 2001,

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A 2003 study conducted by the IOM found that “trafficking in women and children for sexual exploitation is a significant problem in Southern Africa” and that “South Africa is both a transit country and destination country for trafficking activities in the region”166 While an increase in internal trafficking was recognised by workshop participants consulted in this research as the biggest threat to children during the event, it was also noted that there may be an increase in cross-border trafficking and also the use of South Africa as a transit country for victims of trafficking. These concerns are reflected in comments made by participants in Durban, Cape Town and Johannesburg respectively:  “Relaxing of visa control for SADC members will increase child trafficking from areas like Mozambique – will SADC members be scrutinised in terms of sex offenders database?”167  “Regarding cross border trafficking - home affairs officials need to be educated with specific relevant information.”168  “Children of refugees in EU countries utilise agencies to transport their children to these countries, using SA as a transit”169 Cati Vawda from the Children's Rights Centre noted risks related to the fact that that the KZN borders with Mozambique, Swaziland and Lesotho and has trucking routes linked directly to the harbour. It is also easy for migrants to enter the province as refugees and undocumented migrants.170 Box 1 below provides some insights into the global nature of trafficking, and how this relates to South Africa.

166

Sex, Slavery and Seduction: Trafficking in Women and Children in Southern Africa conducted by International Organisation for Migration (Pretoria, 2003)

167

Cape Town, buzz session 12 August 2008

168

Gaynor Wasser, Anti Crime Forum, Johannesburg workshop 28 August 2008

169

Nelspruit buzz session 17 September 2008

170

Cati Vawda,“Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September 2008)

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Box1: NGOs fear 2010 soccer world cup will increase trafficking of women and girls. Arthi Sanpath “African countries present a wide range of factors that contribute to child trafficking, including civil wars, conflict, natural disasters, poverty, hunger and the absence of parents. ‘We know the root causes, who the vulnerable children are, where they come from,' said Maria Calivis, Central and Eastern Europe regional director of UNICEF. ‘Clearly, to develop a tight, effective network that protects children, we must go to the source, listen to what children have to say on the matter and plug the gaps in our knowledge of trafficking patterns and in our approaches and messages,' she added. South African NGOs, such as YECSEC and NLC, operate on this very principle with their outreach programmes. The organisations specifically target areas where large numbers of truck drivers pass through or rest for the night - as these tend to develop into trafficking hot spots. In Durban, where YECSEC operates, counsellors often worked with young women from Swaziland, a country much poorer than neighbouring South Africa. ‘They are made false promises by truck drivers who tell them there are jobs available in South Africa. The girls often pay the driver R30 ($4) to R60 (8), only to be raped and assaulted during the journey,' said Mchunu” (http://www.agenda.org.za/content/view/2/)

5.4

Children identified to be most “at risk”

Participants in consultative forums noted that all children are vulnerable to abuse, exploitation and trafficking during the event. This is largely because many of them lack awareness around the dangers of trafficking. However, it was highlighted that it will be important to identify those groups of children who are most vulnerable in order to ensure that they are monitored and protected throughout the event. This is supported by Cati Vadwa from the Children's Rights Centre who stated that it is important to ask who the most vulnerable children are “because it sets the indicators around which tools for monitoring can be developed”.171 Economic vulnerability is a major cause exacerbated by emotional reality and previous abuse. Children on the street are particularly economically vulnerable, as are children living in poverty and children from other African countries.172 These groups can be considered especially vulnerable to being trafficked. Alcohol addiction at home is also an issue. 173 Shirley Davis of DSD Western Cape notes that children under five years, those with a difficult temperament and those who are overactive are most vulnerable to physical abuse. Children who lack supervision and those with disabilities are more vulnerable to sexual abuse than others. Within the context of severe poverty, the risk of sexual abuse is heightened by the child’s attempt to survive through providing an adult with sexual services in return for rent, food and school fees. Other factors include a high tolerance level of harsh punishment of children in communities, and high interpersonal violence.174

171

Cati Vawda,(Children's Rights Centre), “Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September

2008) 172

Rebecca Pursell Khulisa emailed response to questionnaire

173

Paul Hooper WCSCFCape Town workshop 12 August 2008

174

Shirley Davis DSD Cape Town emailed response to questionnaire

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Children identified during workshops to be most at risk include unattended children, street children, and refugee children. These are discussed in more detail below. 5.4.1

“Unattended” children

This term was used to refer to children in a number of different situations. These include children who may be temporarily separated from their parents, children who may be reported missing and also children who may be unsupervised by their parents or caregivers for whatever reason during the event. Social factors contributing to children left unattended include an increase in child-headed households as a result of the HIV-AIDS epidemic, as well as high levels of alcohol and substance abuse amongst parents. Children who are dependent on drugs and/or abuse alcohol are also considered particularly vulnerable.175 The fact that the event will occur over the school holidays was identified by participants as a potential risk factor as this will lead to a sharp increase in the number of unattended children, as noted in Section 0 above. 5.4.2

Street children

Participants at all five workshops identified street children as a particularly vulnerable group. Firstly it was pointed out that they would be considered “easy targets” for traffickers and secondly because they may be forced to leave the city by law enforcement officials during the event. This concern was highlighted by a participant at the Cape Town workshop, who noted that there are currently 782 homeless/begging children on the street, and stakeholders wonder how the City will deal with this in terms of plans for 'city beautification'?176 An example of the Olympic Games in Atlanta was noted in the Cape Town workshop, noting that many homeless people were not present during the games because they had been physically detained and were then released back onto the streets after the games. Similar questions were asked at the workshops in Durban, Tshawne and Johannesburg:  “What about street children? In Durban we have heard rumours of children being removed when there are big events,”177  “With big events, streets are 'cleaned up'. What plans are put in place for street children prior to events?”178  “What is the plan regarding street children? Will they be 'paid' to 'disappear' or is there a plan to facilitate their safety?” 5.4.3

Refugee children

This includes unaccompanied minors who enter the country seeking refuge from other African countries. A participant in Johannesburg queried whether foreign and refugee children will be treated equally as South African children, noting them to be more at risk. Many of these children are not receiving the services needed in order to protect their rights, despite the fact that they, too, are officially protected under Children’s Act. A Legal

175

Advocate Nolwandle Qaba - response to email questionnaire October 2008

176

Keegan Lakay, CGE Cape Town workshop 12 August 2008

177

Tanuja Munjoo, HSRC Durban workshop 11 September 2008

178

GyanDwarika, DSD tshwane workshop 27 August 2007

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Resources Centre representative in the Cape Town workshop noted that many unaccompanied minors come into the country and are falling through the gaps and end up staying with adults in dreadful living conditions.

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LEGISLATION TO ADDRESS TRAFFICKING IN PERSONS

The following section will summarise international and national legislation which provide for the legal protection of children. 6.1

International Legal Framework

There are five important international instruments which provide a framework for protecting the rights of children globally and some which deal specifically with trafficking in children. Table 4 below provides a brief description of each and the dates when they were ratified by the South African Government179. Table 4: International Legal Framework as ratified by the South African Government Legal Instruments related to trafficking in children

Description

Date ratified by SA Government

The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000)

Provides first universally acceptable definition of trafficking which encompasses: - the ways children are trafficked, - the means used to remove the child and - the purposes for which they are trafficked

February 2004

International Labour Organisation's Convention Concerning the Prohibition and Immediate Action for the Worst Forms of Child Labour No. 182 (1999)

Obligates countries to implement a number of measures to prohibit and eliminate trafficking in children. This includes: - recording and monitoring the incidence of trafficking - provision of support to victims - preventative programmes.

June 2000

The Hague Convention of the Civil Aspects of International Child Abduction, 1996 (Act 72 of 1996)180

The Convention's main object is to enforce rights of custody over a child(ren) who has been wrongfully removed to or kept in a foreign country in breach of those rights and to secure the prompt return of the child(ren) to South Africa. - A contracting state is bound to set up an administrative body known as the “Central Authority”, which has the duty of tracing the child and taking steps to secure the child’s return. - In South Africa the Chief Family Advocate is designated as Central Authority. - The Central Authority assists in both “outgoing” cases (when a child has been wrongfully taken from South Africa to a foreign country or retained in a foreign country, as well as “incoming” cases (when a child has been wrongfully brought to, or retained in South Africa ) - A party may submit an application for the return of a child, or access to a child to the Central Authority.

Ratified 1996 operation on 1 October 1997

179

Information in this table is from Molo Songololo, (2005:14) Trafficking in Children in the Western Cape

180

Department of Justice The Central Authority South Africa. The Hague Convention of the civil aspects on the International Child Abduction. Accessed

from: http://www.doj.gov.za/hague/main.htm Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo Optional Protocol to the UNCRC on the sale of children, child prostitution and child pornography (1995)

Extends the obligations of the UNCRC

African Charter on the Rights and Welfare of the Child (1990)

Provisions set out for the rights and responsibilities of children. Contains provisions which deal with the sexual and economic exploitation, sale and trafficking of children.

The United Nations Convention on the Rights of the Child (1979) (UNCRC)

Sets the basic global standards for the care, development, protection and survival of children. Articles 34, 35 and 39 make specific reference to trafficking in children.

6.2

2000

16 June 1995

Regional Legislation

Table 5 below provides a summary of relevant legislation dealing with trafficking and related offences in countries around the Southern African region, identified in Section 3.2.2 as having links to South Africa in terms of trafficking networks. Table 5: Government Responses to Trafficking in Sub-Saharan Africa181 Country

Government Response & Legislation

Angola

No law prohibits trafficking in persons â&#x20AC;&#x201C; law revision pending. Elements of constitution and statutory laws, including those criminalizing forced and bonded labour, could be used to prosecute trafficking cases.

Botswana

No law prohibiting trafficking in persons. Laws related to abduction, kidnapping, slave trading, forced labour, and procuring persons for the purpose of prostitution used to prosecute trafficking. Approval of a national plan for action for the elimination of child labour in February 2008. Provides funding for training of law enforcement and immigration personnel in trafficking and NGOs which provide victim support services

Congo, Democratic Republic of

Existing laws do not prohibit all forms of labour trafficking. July 2006 Sexual violence statute (Law 6/018) specifically prohibits and provides penalties of 10 to 20 yearsâ&#x20AC;&#x2122; imprisonment for child and forced prostitution, pimping and trafficking for sexual exploitation.

Congo, Republic of

No law prohibiting all forms of trafficking. Penal Code Articles 344 criminalizes the pimping of children. Draft Child Protection Code includes provisions prohibiting child trafficking. No trafficking prosecutions or convictions in the last year. No monitoring of borders or training for law enforcement officials.

Lesotho

No law specifically prohibiting trafficking in persons. Some NGOs believe that local police do not pursue possible trafficking cases because there is no specific law against the crime. Penal Code provisions against abduction, kidnapping, slave trading, forced labour, and procuring persons for the purpose of prostitution could be used to prosecute trafficking cases. No government agency dedicated to deal with human trafficking issues. The Department of Labour are conducting inspections through local district offices, but monitoring for exploitative child labour is virtually nonexistent. No prosecutions, convictions, or fines in 2007. In February 2008, the government approved a national plan for action for the elimination of child labour. The government encourages and funds training of law enforcement and immigration personnel

181

This information was obtained from the US State Department for Trafficking in Persons Anbnual Report 2008 except where otherwise indicated..

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Government Response & Legislation in anti-trafficking methods and procedures at regional institutes such as the International Law Enforcement Academy.

Mozambique

Comprehensive anti-trafficking legislation passed in April 2008 – contains provisions for prosecution, protection, and prevention this includes 1) law n0.6/2008 on trafficking in persons in particular women and children; 2) law n0.7/2008 on promotion and protection of child rights; and 3) law n0.8/2008 of the new organization of jurisdictional system for minors182 While the government conducted investigations into cases of human trafficking, there were no prosecutions or convictions of traffickers during the reporting period.

Malawi

No specific anti-trafficking legislation in place but existing laws prohibit all forms of trafficking. The Child Care, Protection and Justice Bill which defines child trafficking and sets a penalty of life imprisonment for convicted traffickers not passed yet. Malawi Law Commission has held consultative sessions with stakeholders and began drafting comprehensive anti-trafficking legislation to outlaw all forms of the crime. Government has funded public awareness campaigns

Namibia

The Prevention of Organized Crime Act of 2004 specifically criminalizes trafficking in persons Labour Act of 2007 prohibits forced labour. Existing laws also prohibit child labour, child prostitution, pimping, and kidnapping, which could be used to prosecute trafficking cases. No government agency leads Namibia’s efforts to combat trafficking. The ministry of Labour is engaged in programming to combat the worst forms of child labour. A National conference on child labour held in January 2008

South Africa

No law specifically prohibits trafficking in persons. The Sexual Offenses Amendment Act passed in 2007 – makes provisions against sex trafficking, but makes no provision for victim protection. Implementing regulations for the Children’s Act of 2005 remained unfinished preventing use of the law’s provisions on child trafficking. Draft comprehensive human trafficking bill recommended to the Department of Justice in early 2008. The South African Police Service has a Human Trafficking Desk within its Organized Crime Unit but no information related to actions or investigations taken by the Desk during the reporting period.

Swaziland

No law specifically prohibiting trafficking. Draft Sexual Offenses and Domestic Violence Bill — which specifically criminalizes sex trafficking and mandates psychological services for victims, remains under review for the third year. Government depends on the NGO sector to provide victim care and support.

Tanzania

No law prohibiting all forms of trafficking. Government undertook training of police, funding of the police’s Anti-Human Trafficking Unit, and increased awareness of trafficking among Tanzania’s law enforcement community.

Zimbabwe

No law prohibiting all forms of trafficking in persons. Existing statutes outlaw forced labor and numerous forms of sexual exploitation. The government reported in 2007 that it was drafting comprehensive trafficking legislation; however, the draft has neither been made available for review nor introduced in Parliament. Government officials attended 10 IOM training workshops that focused on trafficking and the recognition of victims.

Zambia

Laws prohibiting trafficking through a 2005 amendment to its penal code. Draft comprehensive anti-trafficking law finalised in 2007, and awaiting review from the Zambian Law Development Commission. The government seconded two officers, one from the National Police Service and one from the Department of Immigration, to IOM for four months in 2007 to receive training as Master Trainers. These officers then provided anti-trafficking training to 400 police, immigration officials, prosecutors, and judges.

182

Margarida Guitunga, SANTACF Mozambiqua, emailed communication

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6.3

National legislative framework

The following section will provide a brief summary of each of the key pieces of legislation which provide the constitutional and legal obligations related to the protection of children in South Africa. 6.3.1

The Constitution of the Republic of South Africa, 1996

The Bill of Rights is contained in chapter two of the constitution and special provision is made for children in section 28 of this chapter. Specific provisions which guarantee their protection include: Every child has the right: (1b) to appropriate alternative care when removed from the family environment (1d) be protected from maltreatment, neglect, abuse or degradation (1e) be protected from exploitative labour practices (1f) not to be required or permitted to perform work or provide services that(i) are inappropriate for a person of that child's age (ii) place at risk the child's well-being, education, physical or mental health or spiritual, moral or social development Section 28(2) also states that “a child's best interests are of paramount importance in every matter concerning the child. 6.3.2

The Children's Act no 38 of 2005

General description: The new Children’s Act (No 38 of2005) and the Children’s Amendment Bill [B19F-2006] which will replace the Child Care Act (No 74 of 1983) aims to bring South Africa’s law in line with the Bill of Rights and international law. It provides a new legal framework for the care and protection of children promoting the rights, responsibilities and participation of the child, parents, care-givers and service providers. It also outlines how children must be treated and the services that must be provided when they are in need. Current status: “The first Children's Bill was signed into law by the President in June 2006, officially entitled: Children's Act (No 38 of 2005). Certain sections of the Act came into effect on 1 July 2007. The rest of the Act will come into effect at the same time as the Children’s Amendment Bill. Parliament passed the second bill, the Children's Amendment Bill on 22 November 2007, and the Bill has been sent to the President for signature. A set of draft regulations covering the Act and the Amendment Bill have been finalised and are expected to be gazetted for comment in 2008”.183 All children deemed to be in need of care and protection whether foreign or a citizen and are treated equally in terms of the present child care act.184 All social workers are currently undergoing training in the Children’s act 38 of 2005 and the Children’s amendment act 41 of 2007. 185

183

Proudlock et al, (2008). South African Children Guage 2007/2008

184

Shirley Davis, DSD Capetown, Emailed response to questionnaire.

185

Shirley Davis, DSD Capetown, Emailed response to questionnaire.

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Provisions related to trafficking in children: Chapter 18 of the new Children’s Act deals specifically with child trafficking. Some of the provisions made in this chapter include: a definition of trafficking in line with the Palermo Protocol, and include the illegal adoption of a child as the purpose for which children can be trafficked; the prohibition of trafficking in children, clarification that the consent of a child is no defence to a charge, the assistance which needs to be provided to a child who is a victim of trafficking and the return of a child to their home country. Section 50(A)2 deals with child sexual exploitation and criminalises the actions of those directly involved in it.186 6.3.3

Basic Conditions of Employment Act, 57 of 1997

Provisions related to trafficking in children: Section 48 of the act makes it an offence to cause, demand or impose forced labour on any person. Section 43(1) prohibits the employment of children under 15-years of age or who are under minimum school leaving age. Section 43(2) prohibits the employment of a child under 18-years of age in work that is inappropriate for him or her; or that places at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development. 6.3.4

Criminal Law (Sexual Offences and Related Matters) Amendment Act no 32 of 2007

General description: The Sexual Offences Act amends the Sexual Offences Act (No 23 of 1957) and the common law relating to sexual offences. It also creates new statutory offences. It defines and categorises sexual offences, sets out ages of consent to sexual activity and details procedures around prosecution. The majority of the provisions of the Act effect both children and adults; however, certain sections relate only to children. Current status: The Sexual Offences Bill was tabled in Parliament in 2003 and was passed in November 2007. Its official name is the Criminal Law (Sexual Offences and Related Matters) Amendment Act (No 32 of 2007). Most of the Act came into effect on 16 December 2007. Chapters 5 and 6 will come into effect in 2008.187 Provisions related to trafficking in children: The Act defines a range of crimes that commonly occur against children and these include expanded definitions for ‘sexual exploitation’ and the use of children in pornography or the display of pornography to children. 6.3.5

The Immigration Act 13 of 2002

General description The Immigration Act deals with, amongst other regulations, the delivery of work permits and the detention and deportation of illegal foreigners. The enforcement of this act therefore aims at combating organized trans-national crime (including human smuggling

186

UNESCO (2007:32): Human Trafficking in South Africa: Root Causes and Recommendations

187

Proudlock et al, (2008). South African Children Guage 2007/2008

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and thereafter human trafficking) and global terrorism. It could therefore be deemed as relevant in relation to cross-border, regional and international trafficking of children.188 Current status The Immigration Act 13 (2002) which was amended in 2004 replaced the Aliens Control Act (1991, amended 1995). General provisions for children Although there is no specific provision for trafficking some of the sections could be relevant for the protection of children: Section 29 of the prohibits certain persons from entering South Africa and defines them with section 29(b) as anyone who has been convicted of genocide, terrrorism, murder, torture, drug-related charges, money laundering or kidnapping. Section 30 deals with undesirable persons and this includes anyone who is a fugitive from justice and anyone with previous criminal convictions. Section 49 deals with offences related to the act and outlines the convictions related to these offences. In section 49(2) which it is stated that “anyone who knowingly assists a person to enter or remain in, or depart from the Republic in contravention of this Act shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding one year”. 6.3.6

The Refugee Act, 130 of 1998

The Refugee Act outlines outlines principles and standards related to refugees. Section 32 deals with unaccompanied children of foreign nationality. It indicates that such a child should be seen as a “child in need of care”and therefore requires assistance of the Children's Court in order to apply for refugee status. This ensures their safety, protection and access to services. 6.3.7

The Films and Publications Act, 65 of 1996 as amended 2004

The Films and Publications Act provides for the classification of certain films and publications. Schedule 1 and Schedule 6 of this Act deals with legislation related to children in a pornographic “film” or “publication”. In South Africa, it is an offence to; 

be in possession of, or



create or produce or assist in creation or production of, or



import or take steps to procure, obtain or access, or



knowingly export, broadcast or distribute or cause to be exported, broadcast or distributed

Any film or publication which contains child pornography or which advocates, advertises or promotes child pornography or the sexual exploitation of children. The Act also makes it an offence to expose any person under 18-years to materials with images or descriptions of sexual conduct. A person can be sentenced to a maximum of 10 years for each of the offences listed above.

188

“Programme of Assistance to the South African Government to Prevent, React to human trafficking and provide Support to the victims of crime”, NPA

and EU Delegation South Africa, June 2005 Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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6.3.8

The South African Law Reform Commission into Trafficking in Persons (Project 131)

General description: Due to the lack of specific legislation dealing with trafficking in persons, the South African Law Reform Commission (SALRC) was tasked with investigating and drafting legislation in order to fulfill the countryâ&#x20AC;&#x2122;s international obligations. This involves setting out the measures needed to effectively prosecute traffickers, protect the victims of trafficking and prevent trafficking in persons. Current status: An Issue Paper on Trafficking in Persons was published in January 2004 in order to gain input from relevant stakeholders. These submissions culminated in the publication of a Discussion Paper which was released in early 2006 and which included proposed draft legislation on trafficking in persons189. The comment period on this draft closed in June 2007 and the SALRC staff finalized the text to be recommended to the Department of Justice in 2008. Provisions related to trafficking in children: The proposed bill does not deal specifically with the trafficking in children but rather trafficking in persons. It criminalises the act of trafficking in persons, provides guidelines to protect victims of trafficking, provision of services and compensation to victims of trafficking and gives guidance on measures which can be put in place to prevent trafficking in persons.190

189

Discussion Paper 111 (Project 131) Trafficking in persons http://www.doj.gov.za/salrc/dpapers.htm

190

UNESCO (2007:32): Human Trafficking in South Africa: Root Causes and Recommendations

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ROLE-PLAYERS, PROGRAMMES AND RESPONSES

Government interventions and policies

There are two areas where the government has intervened in order to fight trafficking. These include ratifying the Palermo Protocol (discussed earlier in this report) and establishing an inter-sectoral governmental task team. At the same time, there are a range of policy interventions being undertaken by various government departments and institutions. 7.1.1

The human trafficking Inter-Sectoral Task Team

This team was established in December 2003 and is located within the National Prosecuting Authority (NPA). It is chaired by the Sexual Offences and Community Affairs Unit (SOCA). It consists of a ten-member task team which includes: Departments of Labour, Home Affairs, Social Development, Justice and Constitutional Development, the International Organisation for Migration (IOM), the United Nations Office on Drugs and Crime (UNODC), the SAPS Organised Crime Unit and Ports of Entry, and Molo Songololo. It is tasked with developing a multi-sectoral response to the problem of trafficking and has developed a national strategy based on six pillars to drive the process191. These are: Pillar 1: Awareness Pillar 2: Capacity-building and Development Pillar 3: Victim support and Integration Pillar 4: Legislation and Policy Development Pillar 5: Liaison and Consultation Pillar 6: Monitoring and Evaluation Key role players have been identified to support this strategy and funding has been provided by the EU since June 2006. An internal Human Trafficking Unit comprised of a national trafficking co-ordinator and programme manager was established in January 2008.192 The Integrated Justice System (IJS) Development Committee (DEVCOM) has set up a Human Trafficking Sub-Committee as part of its 2010 Soccer World Cup structures to prevent and react expeditiously to all forms of crime during the international soccer tournament. DEVCOM â&#x20AC;&#x201C; under the leadership of the Department of Justice and Constitutional Development (DoJCD) - has held preliminary meetings with the Human Trafficking Programme Coordinating Unit (PCU), with a further session planned in November 2008. Work sessions with other key departments and stakeholders should

191

Strategic Management of Trafficking in Persons, Inter-Sectoral Task Team, NPA, August 2006

192

U.S. State Dept Trafficking in Persons Report, June, 2008 www.gvnet.com/humantrafficking/index.html

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ideally materialise once the plan for the Justice cluster has been finalised. A specific plan – within the broader counter-trafficking strategy - is not yet in place. 193 Priorities in relation to planning to reduce and/or eliminate child trafficking during the soccer tournament must still be set by the Task Team, following a special work session on the topic. As medium to long-term measures, the social security and education systems would have to compliment public education and awareness campaigns, through ensuring, inter alia, that children remain in school and have access to social grants to alleviate poverty. 194 7.1.2

Child Labour Programme of Action (CLPA)

The Child Labour Programme of Action (CLPA) was initiated by the Department of Labour in 2003. It aims to implement a comprehensive plan to combat child labour in South Africa by working together with government departments including Social Development and Justice and Constitutional Development and civil society organizations. It also works closely with a programme known as “Towards the Elimination of worst forms of Child Labour” (TECL) which is funded by the International Labour Organisation (ILO). Together they have called for 100-plus specific actions to be taken, mainly by government departments to eliminate child labour.195 It also recognizes the importance of tackling poverty as one of the main root causes of child labour and trafficking in children. In order to ensure the successful fulfilment of the objectives of the CLPA, the TECL prioritized the development of pilot projects to address the worst forms of child labour. These include: 

Commercial Sexual Exploitation of Children (CSEC)



Child Trafficking (CT)



Children Used By Adults in the Commission of Crime (CUBAC)



The use of children to collect water for household use

Before these pilot projects could be implemented, a series of studies were commissioned by the Department of Labour (CLPA) in conjunction with the TECL (ILO) in order to inform the development of these projects. These are outlined below: In 2005 a study entitled: “Commercial and sexual exploitation of children and child trafficking. A South African national situation analysis” was conducted in order to focus on the first two focus areas mentioned above (CSEC and CT). Its aim was to provide information to inform future interventions to address CSEC and child trafficking in South Africa. It conducted a situation analysis in Gauteng, Kwazulu-Natal, Western Cape, Limpopo and Mpumalanga by conducting interviews with a number of stakeholders in the government and civil society sector. The study has provided valuable insight into the following: 

Stakeholders’ perceptions of CSEC and CT regarding prevalence, causes and dynamics



Key government role players in the field of CSEC and CT on a national and provincial level.

193

Advocate Nolwandle Qaba - response to email questionnaire October 2008

194

Ibid

195

Child Labour Action Programme website http://www.child-labour.org.za/south-africa/about-the-child-labour-programme (accessed 23/7/08)

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

Civil society responses to CSEC and CT in the areas of prevention, identification, withdrawal and prosecution and rehabilitation and reintegration.



The challenges and gaps in addressing CSEC and CT

In conclusion, the study identifies a number of potential partners and pilot projects for the TECL to consider.196 In 2005 a situation analysis of the situation of children used by crime by adults or other older children in South Africa was conducted. The research consisted of two parts: 

a study which included consultation with children in order to give insight into the key issues and risk factors identified by the children themselves.197



a baseline study in four sites to determine the nature, extent and consequences of CUBAC and to determine the suitability of different sites for the pilot projects.198

7.1.3

Relevant government departments and responsibilities related to trafficking

NPA/SOCA Unit

The NPA supports constitutional democracy in South Africa and consists of: the National Prosecuting Services, the Directorate for Special Operations, the Witness Protection Programme, the Asset Forfeiture Unit as well as the Sexual Offences and Community Affairs Unit (SOCA). While all of these structures have a role to play in the fight against trafficking, SOCA carries the responsibility of chairing the inter-sectoral task team as it has been argued that the majority of cases of human trafficking are for the purposes of sexual exploitation.199 Department of Labour The Department of Labour regulates labour practices and activities according to its legislation. It plays an important role in regulating child labour by conducting workplace inspections and prosecuting employers who employ children. It also initiated the Child Labour Action Programme (CLPA) in 2003 and its Implementing Committee is chaired and led by the Department of Labour with the Minister of Labour being its political head. SAPS Organized Crime Unit

This unit is responsible for investigating all on-going organized criminal activities. It has a Human Trafficking Desk within its Organised Crime Unit. Family Violence, Child Protection and Sexual Offences Unit

The former Child Protection Units are gradually being replaced with Family Violence, Child Protection and Sexual Offences Units (FCS) in order to extend their services to include adult victims of family violence and sexual offences. FCS Units around the country have been integrated at station level, as it is felt that this brings them closer to where intervention is required.

196 “Commercial and sexual exploitation of children and child trafficking. A South African national situation analysis”, Draft report, CLPA, May 2006 197 “Children Used by Adults to Commit Crime: Children’s Perceptions of their Use by Adults in the Commission of Offences”, CLPA, 2006 198 “Children Used by Adults to Commit Crime: Situation Analysis and Pilot Design”, CLPA, 2006 199

Strategic Management of Trafficking in Persons, Inter-Sectoral Task Team, NPA, August 2006

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They deal with the protection of children (victims who are under the age of 18 years) and investigate cases of: rape, incest, indecent assault, kidnapping, abduction, crimes with regards to the abuse/exploitation of children, under the Prevention of Family Violence Act, 1993 (Act no 133 of 1993) and, crimes with regards to the sexual exploitation of children, under the Sexual Offences Act, 1957 (Act 23 of 1957, as amended), the Child Care Act, 1983 (Act no 74 of 1983, as amended) and the Films and Publication Act, 1996 (Act no 65 of 1996) with regards to child pornography.200 Supt. Int Harry of FCS in Cape Town, which still operates as a separate Unit, and has not been integrated with police stations, noted that all FCS staff are well trained to deal with sexual offences. Intensive training is done in Pretoria over 6-8 weeks. Training includes identification of trafficked victims. This training is also provided to border officials to improve identification at ports of entry. While trafficking is discussed during the course, the issue is not dealt with intensively as there is no specific law dealing with it directly at this point. Where required the FCS Unit collaborates with the Department of Home Affairs and necessary embassies. The Unit has regular interaction with the Department of Social Development. Supt. Harry does not feel that FCS is well enough prepared for the World Cup as yet, and believes that different FCS units will need to plan together regarding how to best protect vulnerable communities and particularly children from potential impacts on safety.201 Ports of Entry - SAPS

This structure is responsible for managing the point of entry and exit into South Africa by land, sea and air. It is therefore tasked with securing the countryâ&#x20AC;&#x2122;s borders against illegal entry and exit. The SAPS is the leading agency for ensuring international co-operation agreements, particularly with neighbouring countries. It is a member of the Interpol Regional Bureau (located in Harare, Zimbabwe).202 The issue of bribery and corruption at border posts was raised as concern during workshops. Measures in place to deal with such offences include internal disciplinary measures within the Police Force, as well as legal charges for which offenders appear in court. 203 The representative from SAPS at Beit Bridge land border at Musina consulted during this research indicated that SAPS and Immigration has arrested a number of corrupt officials that were involved in accepting offers from undocumented foreigners. They are criminally charged for corruption and disciplinary steps are taken in terms of the disciplinary code and procedure. Officials are suspended without benefits and when found guilty in hearings they are dismissed. Currently CCTV cameras are installed to minimize corrupt activities but it is not 100 % effective. Awareness campaigns for corruption are held and the Anti Corruption Hotline numbers are placed visible at the offices and at the processing areas. SAPS are workshopped at lectures, parades and during meetings not to participate in corruption. The OR Tambo representative consulted in this research process noted that cases of unaccompanied minors are monitored through Social Welfare. No such monitoring is currently taking place at Beit Bridge land border. It was noted that the majority of minors crossing the border are accompanied by adults even if it is not their parents. 200

SAPS website http://www.saps.gov.za/org_profiles/core_function_components/fcs/establish.htm (accessed 23/7/08)

201

Supt. Int Harry of FCS in Cape Town, emailed response to questionnaire

202

Strategic Management of Trafficking in Persons, Inter-Sectoral Task Team, NPA, August 2006

203

Supt. Int Harry of FCS in Cape Town, emailed response to questionnaire

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Children found not accompanied by adults at the Beit Bridge border post are local street children from Zimbabwe who loiter around the Port of Entry looking for money and food. Children are noted to enter through holes in the perimeter fence and it is suspected that minors are used by adults to steal and break into motor vehicles. They are taken by the Beit Bridge SAPS to the Musina SAPS at the SMA SANDF Base on a daily basis. Thereafter they are taken back to Zimbabwe, but do not stay there very long, returning shortly after their repatriation. It is noted that “The children know that if they are taken to the Musina SMA detention centre they will receive a free meal.” Minors from Zimbabwe who enter the country illegally through the Beit Bridge border post are taken to the SANDF Base (SMA) in Musina to be further handled by Musina SAPS and the UNHCR. Social workers who visit Musina on an ad hoc basis sometimes attend to the children, but not always effectively, and SAPS does not have a department dedicated to working with children. It is however felt that such a children’s desk would be a valuable addition. The Durban Harbour SAPS representative consulted noted that a ‘rummage unit’ in the department deals with illegal migrants coming through the border post, but noted no specific emphasis on children. It was however noted that no cases of minors coming through this border have been recorded. Department of Home Affairs

The Department of Home Affairs manages people’s entry and exit into South Africa and is responsible for deportation processes. Its National Immigration Branch is responsible for managing the execution of the Immigration Act 13 of 2002 such as issuing work permits and the detention and deportation of illegal foreigners.204 The Department of Home Affairs, together with the SAPS, are responsible for verification of travel documentation of travellers to detect falsification. Travellers with falsified travel documents are arrested. Home Affairs also confiscate their documents and blacklist it as refuse entry on the Movement Control System. A problem encountered is recognising and dealing with legal travel documents issued but illegally obtained. The Home Affairs immigration department is responsible for repatriation of trafficked victims. The Beit Bridge SAPS official consulted noted that Home Affairs is the main role player responsible for transporting victims of trafficking, noting that the SAPS only assist on request from Home Affairs. The UNHCR also monitors the repatriation process on a daily basis. Department of Social Development

The Department of Social Development provides comprehensive social development services. The national department formulates policy and legislation and the bulk of implementation is provided by provincial departments. The following services and programmes are relevant for this report:

204



Statutory social work services to children, as prescribed by the Child Care Act (discussed earlier in this report) and these services are also available for foreign nationals



The Victim Empowerment Programme (VEP) is an inter-sectoral programme established to integrate programmes and policies for the support, protection and empowerment of victims of crime and violence, with a special focus on women and children. The final draft of the Integrated Victim-Empowerment Policy has

Strategic Management of Trafficking in Persons, Inter-Sectoral Task Team, NPA, August 2006

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been costed and presented to senior management for recommendations and approval. It has been in draft form since 2004 

The National Directory on Services for Victims of Violence and Crime was launched in December 2004 and is continuously updated in order to promote the accessibility of services to victims of crime and violence.



The VEP is also responsible for the establishment of one-stop centres for women and children who are victims of abuse, especially domestic violence, currently being funded by the European Commission through UNODC 205



Places of Safety. The DSD has 38 places of safety with a maximum capacity of 2 718 beds across the country. Any child whether foreign or a Citizen who requires residential short term protective care will be placed in the most suitable facility.



DSD social workers are currently being trained on the new Children’s Act, which includes services to victims of trafficking. National DSD trained approximately 30 service providers per province in the implementation of the Children’s Act - 270. They are currently in the process of consultative workshops with service providers on the implementation of the Trafficking Bill on DSD issues – services and programmes.206



Repatriation of potential victims - DSD will fund the repatriation of a child if the investigation shows that no family member is able to carry the cost. Passports are issued by the Department of Home affairs and the DSD will fund the cost of one adult to accompany the child. Intergovernmental protocols are in place to ensure that children are repatriated to or from country of origin after an investigation show that the child will not be at any further risk.207

Department of Justice

The Victims’ charter of the Department of Justice covers minimum standards for the support and handling of victims in South Africa. Department of Foreign Affairs

This department co-ordinates international relations, promotes South African foreign policy and concludes bilateral agreements.208 Film and Publications Board (FPB)

The FPB is a statutory body established by the Films and Publications Act of 1996. It replaces the Directorate of Publications.209 The Film and Publication Board has been encouraged and supported by the Department of Home Affairs to increase its direct participation in child protection initiatives. The Board has initiated an ongoing campaign to equip teachers, parents and learners, through workshops, seminars and publications, with the necessary skills to identify and respond appropriately to the risks posed to children by information and communication technology. The Board has also responded to invitations 205

South African Government Information: Social Development http://www.info.gov.za/aboutsa/socialdev.htm (accessed 24/7/08)

206 Joan Groenewald, Department of Social Development - emailed response. October 2008 207

Shilrley Davis Cape Town emailed response to questionnaire September 2008

208

Strategic Management of Trafficking in Persons, Inter-Sectoral Task Team, NPA, August 2006

209

FPB website http://www.fpb.gov.za/home_page.asp (accessed 1 October 2008)

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by various governmental and non-governmental organisations to conduct workshops and participate in seminars on issues related to the protection of children. The Board collaborates with the National Prosecuting Authority to ensure that prosecutors and police are trained in all aspects relevant to increased effectiveness in the investigation and prosecution of child pornography offenders.210 Commission for Gender Equality

The Commission on Gender Equality is one of six state institutions set up in terms of the Constitution to promote democracy and a culture of human rights in the country. The Commission’s role is to advance gender equality in all spheres of society and make recommendations on any legislation affecting the status of women. The Commission aims to transform society by “exposing gender discrimination in laws, policies and practices; advocating changes in sexist attitudes and gender stereotypes; and instilling respect for women’s rights as human rights”.211 Although the Commission acts in the interests of women generally, it pays particular attention to the most disadvantaged women – those living in rural and peri-urban areas, on farms, in domestic work. The CGE has a comprehensive approach to addressing gender issues, which includes a focus on families as well as children. International organizations

7.2

International organisations have different perspectives on human trafficking which include: human rights, migration or crime. These themes inform the kinds of anti-trafficking responses which are then undertaken.212 The following international organisations play a key role in the fight against human trafficking in Southern Africa. 7.2.1

International Organisation for Migration (IOM) – SACTAP

The Southern African branch of the IOM aims to promote human and orderly migration to the benefit of both migrants and society in the region. Its mission is “to harness the positive benefits of migration and reduce its negative impacts, IOM’s Regional Office for Southern Africa and its country offices, are assisting and raising the capacities of governments to effectively manage migration in the region”.213 The IOM addresses human trafficking through establishment of the Southern African Counter Trafficking Assistance Programme (SACTAP) which began its programme activities in South Africa in 2003. This first phase of this programme (2003-2005) was aimed at assisting women and children who have been trafficked for purposes of sexual exploitation. The second phase (2005-2009) provides assistance to all victims who have been trafficked for all purposes. Some of the activities in South Africa include: 

Research in partnership with government and NGOs



Awareness raising through dissemination of research findings, publishing of a quarterly bulletin (“Eye on Human Trafficking), conducting a regional information campaign (posters and leaflets)

210

FPB website http://www.fpb.gov.za/child_pornography/child_pornography.asp (accessed 1 October 2008)

211

South Africa Information website http://www.southafrica.info/about/democracy/cge.htm (accessed 2 October 2008)

212

Truong, T. and M. Belen Angeles, 2005, "Searching for Best Practices to Counter Human Trafficking in Africa: A Focus on Women and Children",

UNESCO 213

IOM’S Mission in Southern Africa, http://iom.org.za (accessed 23/7/08)

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Training and capacity building – it has trained NGOs and government departments with focus on introduction to trafficking and victim’s assistance. It has also provided training for police and immigration officials



Victim identification and assistance with the establishment of the IOM toll free anti-trafficking help line since 2004, helping victims of sexual exploitation, funding a shelter to host victims of trafficking and providing repatriation assistance to victims.214

In April 2008, SACTAP convened a workshop in Durban, South Africa, entitled “Migration Dialogue for Southern Africa”(MIDSA) which marked the first meeting of MPs and senior government officials from SADC in order to explore the protection mechanisms for victims of trafficking.215 IOM also worked in partnership with South Africa's largest urban radio station, Metro FM, in partnership with Diasporafric, Kaizer Chiefs soccer team to raise awareness of human trafficking during the South African “Human Trafficking Awareness Week” in September 2007. IOM, Metro FM, and the South African Government is sponsoring another “Human Trafficking Awareness Week” between 5- 11 October 2008.216 7.2.2

The International Labour Organisation (ILO)

The ILO, which is a specialised agency of the United Nations, is the global body responsible for drawing up and overseeing international labour standards. It works with Member States in order to ensure that labour standards are respected in practice as well as principle. The ILOs programme named “Towards the Elimination of worst forms of Child Labour”(TECL) has helped Botswana, Lesotho, Namibia and Swaziland develop national strategies to end child labour. Four years ago TECL entered into partnership with the South African government departments in order to enrich the implementation of Child Labour Programme of Action (CLPA). Phase one focused on strengthening legislation, expanding anti-poverty programmes and testing methods of tackling child poverty. Phase two (2008-2012) will focus on effective implementation of the programme on a national scale. 7.2.3

The United Nations Office on Drugs and Crime (UNODC)

UNODC focuses on organized crime in the SADC region with the Southern African Regional Office covering 11 countries: Angola, Botswana, Democratic Republic of Congo, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe. While its scope is broad to include a wide range of criminal activities, it does also specialize in the area of human trafficking as it is guided by the following international instruments: UN Convention against Transnational Organised Crime (December 2000); the Protocol against the Smuggling of Migrants by Land, Sea and Air (2000), and the Palermo Protocol (2003). It runs a joint project with Molo Songololo on child trafficking in the Western Cape and has two regional projects:

214

IOM in the region: South Africa, http://iom.org.za/site/index.php?option=com_content&task=view&id=19&Itemid=33 (accessed 23/7/08)

215

“Eye on Human Trafficking”, A bulletin of news, information and analysis on trafficking in persons in Southern Africa, (Issue 18/2007)

216

IOM Media Release October 2008

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

The joint UNODC and SARPCCO (South African Regional Police Chiefs Cooperation Organisation) project which develops and standardizes curricula for training police and prosecuting officers in identifying, investigating and prosecuting in cases of trafficking in persons.



A project in collaboration with SADC which supports the ratification and implementation of the UN instruments on trafficking in persons. As mentioned previously, it is a member of the Human Trafficking Inter-Sectoral Task Team.217

7.2.4

International Social Services (ISS)

The International Social Service (ISS) 218 is an international, non-governmental organisation with a General Secretariat in Geneva, Switzerland. The service has a global network of social workers who have been trained in and are knowledgeable about their countries.219 The ISS helps individuals and families with personal and social problems resulting from migration and international movement. It deals with issues requiring inter country cooperation, and is available to any person within the Republic of South Africa (RSA) and abroad. International social services are rendered in terms of the Affiliation Contract between the Department of Social Development and the ISS: General Secretariat.220 ISS's national branches, affiliated bureaux and correspondents in over 100 countries facilitate communication between social services to resolve these problems. Its aims and objectives are to:

7.3



“assist those who, as a result of voluntary or forced migration or other social problems of an international character, have to overcome personal or family difficulties;”



“study from an international standpoint the conditions and consequences of migration in relation to individual and family life, and to make recommendations or undertake any other appropriate action;”



“contribute to the prevention of social problems linked to migration or intercountry mobility”;



“inform professionals and the public of the needs of migrant individuals and families”; and



“develop and maintain an international network of national bodies to meet the needs of individuals and families who require the services of ISS”. 221 International and regional networks that focus on child trafficking

International and regional networks operating to combat trafficking in Children include ECPAT International, SANTAC and Terre Des Hommes. These are discussed below:

217

Molo Songololo, (2007:12), What to do about trafficking: A Resource Manual for Service Providers

218

Also referred to as Social Services International (SSI)

219

International Social Services South Africa website http://www.services.gov.za/en-za/internationalsocialservices.htm (accessed 3 October 2008)

220

International Social Services South Africa website http://www.services.gov.za/en-za/internationalsocialservices.htm (accessed 3 October 2008)

221

International Social Services website http://www.iss-ssi.org/About_ISS/about_iss.html (accessed 3 October 2008)

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7.3.1

ECPAT International

ECPAT is a network of organisations and individuals working together to eliminate the commercial sexual exploitation of children (CSEC). It seeks to encourage the world community to ensure that children everywhere enjoy their fundamental rights free from all forms of commercial sexual exploitation. The ECPAT acronym stands for ' End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes'. ECPAT’s work in Africa supports collaborative action among local groups and organisations working to address multiple forms of CSEC. As such organisations are few and tend to work in isolation, collaborations are encouraged through holding capacity building and experience sharing forums that can support planning of coordinated and/or joint initiatives. Moreover, national and regional coordinators are based in the region to provide direct support for all programmatic activities and initiatives and to link groups with the global ECPAT network.222 ECPAT International, initiated projects in South Africa, Mozambique and Malawi in 2007. The projects are run in collaboration with the Sithabile Centre in South Africa, Rede da Crianca in Mozambique and Eye of the Child in Malawi. They provide the victims of child trafficking with counselling, and empower them to claim their rights and understand their responsibilities.223 7.3.2

SANTAC

The Southern Africa Regional Network against Trafficking and Abuse of Children (SANTAC) has emerged from different initiatives of SADC’s civil society to join efforts and work together at national, regional and international level against all manifestations of trafficking and abuse of children in Southern Africa. SANTAC is a legal, humanitarian, non-governmental, non-partisan, non-religious, nonprofit making, and financially, administratively and patrimonially autonomous organization committed to the fight against trafficking and abuse of children in Southern Africa. Funded in partnership with the Mozambican Foundation for Community Development (FDC) and Terre des hommes of Germany (TDH), under the patronage of Graça Machel and Archbishop Desmond Tutu, it constitutes a forum of different national and international governmental and non-governmental organizations aimed at the prevention of trafficking and abuse of children through networking, awareness, research, training, lobby and advocacy, cooperation, child participation and service delivery to the victims. 224 Patric Solomons, director of Molo Songololo is the president of SANTAC. 7.3.3

Terres des Hommes

The Terre des Hommes International Federation is a network of eleven national organisations working for the rights of children and to promote equitable development without racial, religious, political, cultural or gender-based discrimination. In 2001 Terres des Hommes started an International Campaign against Child Trafficking. Campaign coordinators were appointed in five regions of the world, including Southern Africa. These coordinators initiate regional activities to prevent the trafficking in children, and develop

222

ECPAT International http://www.ecpat.net/temp/ecpatx/ecpatx/Newsite/Main/Front/index.asp

223

SOUTHERN AFRICA: Major destination for traffickers in women and children http://www.irinnews.org/Report.aspx?ReportId=49630, (accessed 23/8/08)

224

Against Child Abuse website: http://www.againstchildabuse.org/ (accessed 1 October 2008)

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strategies to fight this crime corresponding to the specific needs of each region. This is done in collaboration with local partners.225 Terres des Hommes and SANTAC are currently working together to strengthen regional cooperation between South Africa and Mozambique.226 Civil Society Organisations and networks

7.4

There are a wide range of civil society organisations across South Africa which focus on children and provide services such as counselling and support, protection from violence and abuse, and advocating for children's rights. These include: 

Child Welfare SA



Childline



Western Cape Provincial Task Team



Molo Songololo



Western Cape Children’s Forum



Khulisa Management Services



Berea Home of Hope



New Life Centre



AnexCDW



Rapcan



Network against child labour



Amazing Grace Children’s Home

These are discussed in more detail below: 7.4.1

Child Welfare SA

Child Welfare South Africa (CWSA) is an umbrella body that represents 171 affiliates and branches as well as developing children’s organisations in communities throughout South Africa. Together with its members it forms the largest non-profit, non-governmental organisation in the country in the fields of child protection and child and family care and development. 169 Child Welfare affiliates render services to children, families and communities. 55 developing organisations and 36 outreach projects are being prepared by Child Welfare South Africa for membership. 343 communities and 200 853 people benefit from the redistribution of services by Child Welfare to rural and unserviced areas. Member organisations employ 662 social workers, 168 social auxiliary and community development workers, 856 other social service professionals and 713 administrative and supportive staff. 6 951 volunteers are involved in Child Welfare governance and service delivery. More than 1,5 million children with family members and care-givers benefit from the services of Child Welfare.

225

Against Child Abuse website: http://www.againstchildabuse.org/en/articles_speeches/terre_des_hommes_representative (accessed 1 October 2008)

226

Rebecca Pursell, Khulisa Management Services, email response to questionnaire.

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7.4.2

Childline

Childline runs a safehouse project where children at risk are placed. This includes children who have been trafficked or who are involved in sex rings. Children are identified through reports from the community. It is difficult to find permanent placements for children who are used to making their own living, and often find their way back to the street thus endanger their own lives. “When they come to us it’s because something bad happened. They report this. Then they are in bigger danger after.”227 While Childline does receive some calls on the crisis line regarding trafficking, these are very few. “Children in that situation don’t get access to a phone.” 228 Missing children are reported to SAPS. Childline works closely with e-block watch. 7.4.3

Western Cape Provincial Task Team

The Western Cape Provincial Task Team (WCPTT), which was originally initiated by Molo Songololo, was launched in December 2007 and consists of twelve organisations. It is the first provincial civil society initiative against human trafficking and it aims to co-ordinate anti-trafficking activities in the region. It aims to achieve a comprehensive approach to the problem of trafficking in order to prevent human trafficking, protect victims of trafficking and ensure prosecution of traffickers. One of the main reasons driving this initiative is the increase in the number of tourists visiting the Western Cape and Cape Town in particular which has resulted in an increase in human trafficking, specifically in the sex industry.229 7.4.4

Molo Songololo

Molo Songololo is a non-profit child rights organisation that strives to advance children’s rights to ensure their protection, development, survival and participation through education, training, advocacy and support services. Molo Songololo is a member of the Human Trafficking Inter-Sectoral Task Team (see section 7.1.1). It also initiated the provincial task team on trafficking in 2001 (see section 7.4.1). It has released two important research reports: “Trafficking In Children For The Purposes Of Sexual Exploitation” – South Africa, 2000 (see section 5.2.1); and “Trafficking in Children in the Western Cape” – Cape Town, 2005 (see section 5.2.5) It has published a resource guide entitled “What to do about trafficking: A Resource Manual for Service Providers” in 2007 to assist service providers and the general public with knowledge and information needed to provide support to victims of trafficking and to combat and prevent trafficking in persons. Since the release of the first report in 2000 the organisation has increased its efforts to create strategic intervention for the prevention of these human rights abuses against children. 7.4.5

Western Cape Children’s Forum

The Western Cape Street Children’s Forum is a network of service providers, organisations and individuals working with Street Children and children at risk in the

227 228

229

Annette Brokensha, Childline Cauteng Annette Brokensha, Childline Cauteng “SA Provincial Task Team on Human Trafficking launched”, Eye on Human Trafficking, Issue 17 (2008)

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Western Cape Province. The organisation is involved in advocacy, assisting organisations working with children, protecting the rights of children, and developing programmes230 The Aims of the WCSCF as articulated on the Forum’s website231 are to: 

Act as a forum and support group where individuals and member organisations can share their skills and experience, and coordinate, discuss and promote developmental initiatives and programmes.



Liaise with the public, relevant authorities and the media with the aim of informing and educating.



Serve as a unitary voice of members around common issues.



Provide a forum for debate, policy formulation, legislative formulation and lobbying with regard to affecting children and youth on the streets of the Western Cape.



Formulate a range of policies and strategies concerning Street Children.



Act as a resource for its members to receive training, capacity building, technical assistance and support.



Act as an information, referral and advice service to the public.



Function as an organisational base for research, monitoring the situation of the child on the street, and the development aspects of the street child phenomenon.



Assist projects to develop appropriate standards, guidelines and evaluation criteria for the programme.

7.4.6

Khulisa Management Services

Khulisa Management Services has been working in the field of child trafficking in the inner city of Johannesburg since 2005. Khulisa began working in the field of trafficking when they were awarded funding by the US Dept of Labour to implement anti-child labour activities in Gauteng, Mpumalanga and North West provinces. Work in Gauteng focussed on prevention and awareness raising activities to combat child trafficking in the inner city of Johannesburg. These activities were implemented in partnership with the South African Police Adopt-a-Cop programme in schools and life skills activities conducted with children living in shelters in the Hillbrow/Berea area. Through this prevention work, the organisation became aware of the need to strengthen cooperation and services being provided to victims of child trafficking. Many organisations were providing services to children who had been trafficked but did not know of services available and how to assist such children. In 2008, Khulisa formed a Community Collaborative that brings together NGOs, shelters, SAPS, Government departments and churches working in the inner city. The Collaborative meets monthly to report back on activities that have been undertaken and to share information regarding cases that have presented at organisations and are thought to be trafficking. A smaller referral sub-committee meets to talk about referral mechanisms and central resource points which organisations can refer to. Awareness activities are also conducted with government departments to coincide with major events

230 231

Paul Hooper, WCSCF http://www.wcscf.co.za/

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7.4.7

Berea Home of Hope

The Home of Hope runs a shelter for young girls in Berea. The Home of Hope website232 reports 40 girls between the ages of 10 and 25, many of whom have been trafficked and sold into sex slavery. Girls were typically recruited by agents working for organized prostitution syndicates or pimps. “They come from desperately poor circumstances, broken homes or were destitute. They were promised jobs in the big city. Once they arrived the agents were paid and they were abandoned at the mercy of the ruthless gangsters who held them captive. They were told they had to “work” to pay off the money the gangsters had paid the agents to recruit them. Their ID documents were taken from them to make escape more difficult.” 233 7.4.8

New Life Centre

New Life Centre (NLC) is a drop-in centre offering counselling, skills-building and health advice services in Johannesburg. 7.4.9

AnexCDW

Activist Networking against the Exploitation of Child Domestic Labour Anex CDW is a child rights organisation, who focuses on child domestic labour. The organisation was in 2003 established to work against the exploitation of children who are transported or trafficked from rural to urban areas to work in the domestic work sector. Organizational strategies are directed towards combating the phenomenon of child domestic work. This has included a focus on building the capacity of the community and government departments to support the affected child. Additionally the organisation focuses on means to empower the child domestic worker to make informed decisions.”234 7.4.10

Rapcan

RAPCAN (resources aimed at the Prevention of child abuse and neglect) holds the belief that ending child abuse will help stop child trafficking. It seeks to prevent and address different patterns of child abuse by targeting groups such as children, youth, community, parents, associations of truck drivers and government ministries. Its focus is on legislative change, based on the recognition that such change will challenge current patterns of child abuse and will lead to societal changes. Trafficking is treated as both cause and result of child abuse.235 7.4.11

Network against child labour

The Network Against Child Labour (NACL) is a non-profit organization that was established in 1990. It is made up of organizations actively working to end child labour in South Africa. The NACL came into being in 1990 as a result of the concern of several organisations. It has steadily grown and is now the main centre of energy investigating the concerns around child labour in South Africa. It is a dynamic network made up of 50

232

Obtained from http://hopehome.org.za/ , accessed on 5 October 2008.

233

Obtained from http://hopehome.org.za/ , accessed on 5 October 2008.

234

http://www.anexcdw.org.za/newsletter.php?newsid=3

235

UNESCO (2007:50): Human Trafficking in South Africa: Root Causes and Recommendations

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organisations, and individuals from diverse range of sectors including health, welfare, development, environment, law, labour human rights, education, and religious groups.236 7.4.12

Amazing Grace

This organisation has an anti-child trafficking project which provides assistance and support to victims of trafficking through repatriation, by offering basic shelter and food, and assist with the paper work for education. It launched the anti-child trafficking programme in Mpumalanga together with Mozambican NGOs. A comprehensive awareness programme was launched in Gauteng in November 2005. It also works with the SAPS to trace children It was instrumental in setting up the Mpulimo Task Team against human trafficking in Limpopo which is made up of international and civil society organisations and provincial government departments and is tasked with developing a multi-faceted strategy to deal with the causes of child trafficking.237 7.4.13

Fair Trade Tourism South Africa - The Code

In important civil society initiative was the introduction of “The Code” to South African tourism by Fair Trade in Tourism (FTTSA), a non profit organisation working in the broad field of sustainable tourism. The Code of Conduct for the protection of Children from Commercial Sexual Exploitation in the Travel and Tourism Industry is commonly referred to as “The Code”. It is a worldwide partnership that encourages tourism businesses to adopt six principles designed to prevent and report sexual exploitation and child trafficking (SECT) in tourist destinations. In August 2007, FTTSA hosted two annual workshops to introduce stakeholders to the problem of SECT and the role of The Code. The primary target group was the tourism private sector. The main outcome of the workshops was that there is broad commitment by the tourism industry to assist in the prevention of SECT and they confirmed this by signing and taking steps to implement The Code.238

236

About NACL http://www.childlabour.org.za/aboutus.html (accessed on 23/7/08)

237

Amazing Grace Anti child-trafficking http://www.agch.org.za/content/blogcategory/13/30/(accessed on 23/7/08)

238

“Introducing The Code to South African Tourism: Report of Project Steering Committee Meeting”. FTTSA, (29 February 2008)

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GAPS IN CHILD PROTECTION STRATEGIES

In the U.S. State Department of Trafficking in Persons 2008 Annual Report the following limitations to strategies to curb trafficking, particularly in terms of prosecution, protection, and prevention, were noted for South Africa: Prosecution 

The South African government was not able to provide information on antitrafficking investigations that resulted in the punishment of any traffickers in 2007



The South African Police Service has a Human Trafficking desk within its Organised Crime Unit but no information related to its actions or investigations were released in 2007.

Protection 

Government protection for trafficking victims remains inadequate and formal arrangements to identify and care for victims were lacking. This is mainly due to a shortage of social workers working with children resulting in inadequate case monitoring and follow up and failure to accompany children to court



The lack of national co-ordination for victim protection has led to the deportation of most foreign victims before they could be provided with protective services.

Prevention 

The government conducted no anti-trafficking information or education campaigns which demonstrate minimal progress in combating human trafficking through prevention.239

Participants in consultative forums conducted in Host Cities as part of this research process identified some key gaps and challenges which will contribute to children’s vulnerability to trafficking during the 2010 FWC and beyond. These include: 

lack of statistics;



lack of anti-trafficking legislation;



no integrated approach to the problem of trafficking which includes o prevention strategies and o protection of victims of child trafficking.

These are discussed in more detail below: 8.1

Lack of statistics

There are currently no official statistics on human trafficking in South Africa. One of the main reasons for this is that it has been difficult to identify human trafficking data within official police records as it is often subsumed into the statistics on a range of other crimes such as kidnapping, rape, abduction and immigration-related offences.240 This was supported by the Discussion Paper on Trafficking in Persons released by the South African Law Reform Commission in June 2006, which states that “since trafficking in

239

Du Toit et al, (June 2005) Programme of Assistance to the South African Government to prevent, React to human trafficking and provide Support to the

victims of crime. 240

UNESCO, (2007:19), Human Trafficking in South Africa: Root Causes and Recommendations

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persons is not a crime in South Africa at present, traffickers are being charged with common law offences such as kidnapping or abduction. They may also be charged in terms of existing statutory laws.” 241 The problem of lack of statistics on trafficking appears to be a global challenge with the most obvious reason being that it is a criminal act shrouded in secrecy and victims are often afraid to come forward, making it difficult to get accurate numbers.242 Furthermore, when no statistics are available, there is also a tendency to exaggerate the numbers of trafficking victims and this can have a number of negative consequences. Firstly, it gives the impression that the problem is so overwhelming and pervasive that it is almost impossible to curtail. It also leads to pressure being placed on governments by the public to respond quickly with policies which may ignore the very reasons why people are being trafficked in the first place. For example, by placing South Africa on the “Tier 2 Watch List”, it has become stigmatised and faces possible sanctions and therefore pressure is placed on state resources to counter trafficking. This leads to the allocation of limited resources to an issue which could be dealt with in more creative and effective ways. Using “quick fix” solutions such as increasing law enforcement ignores the fact that trafficking is a complex social problem which requires alternative, long-term solutions such as combating people's economic vulnerability.243 Workshop participants noted the lack of statistics as a significant hindrance to effectively confront the problem of trafficking:  “At the moment there are no statistics in terms of the trafficking cases that have been prosecuted. The Department of Justice is pushing for a proactive task team to be set up to obtain data.”244  “Quantify the problem! Until the extent of trafficking has been established, there is no way of fairly distributing resources. SAPS need to get better statistics and there needs to be better cooperation between SAPS and NGOs to determine this.”245  “It has been noted that trafficking issues are often not on the agenda for planning. A key problem is lack of statistics, as it is difficult to make assumptions without stats.” 246 The lack of quantitative data is seen as an obstacle to the provision of comprehensive and integrated services. The need for better data to improve service delivery is also emphasised by Gould (2007) who claims that without reliable statistics on trafficking, there can be no proper allocation of resources to combat the problem in a more long-term, comprehensive way.247 8.2

Lack of anti-trafficking legislation

Another obstacle in combating the problem is that South Africa's anti-trafficking legislation has not been finalised yet. A comprehensive human trafficking bill was drafted by June

241

See chapter 5 of Discussion Paper on Trafficking in Persons, South African Law Reform Commission (June 2006)

242

Unicef, (2005:13), Combatting Child Trafficking

243

Gould, C. (2007) “Countering the 'Scourge': The time for evidence and reason on human trafficking”, in S.A. Crime Quarterly, No. 22, (Dec 2007)

244

Asiya Kahn, Department of Justice, Durban workshop 11 September 2008

245

Amanda Lucey – ISS, Cape Town Workshop 12 August 2008

246

Prof V Reddy, (HSRC-Gender & Development) “Overview of Abuse, Exploitation & Trafficking of Children in SA”, (Tshwane, 27 August 2008)

247

Gould, C. (2007) “Countering the 'Scourge': The time for evidence and reason on human trafficking”, in S.A. Crime Quarterly, No. 22, (Dec 2007)

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2007 and it is hoped that it will be passed in 2008. However, in the absence of this legislation there is no acceptance of a clear definition of human trafficking being practised across all sectors and without this, there remain no consistent criteria being used to define a trafficked person in accordance with the legal definitions. A study conducted by the IOM in 2003 found that “The absence of specific legislation criminalising trafficking in persons in Southern Africa remains an obstacle preventing police and prosecutors from investigating and charging the perpetrators.”248 Although measures are now being taken to address this concern, and the proposed draft anti-trafficking legislation is due to be finalized in 2008, it will take time to fully implement the measures it sets out around the prosecution of traffickers, protection of victims of trafficking and prevention of trafficking in persons. In the absence of specific anti-trafficking legislation, traffickers may be charged in terms of the Immigration Act for bringing persons into the country without the necessary documentation, and in terms of the Sexual Offences Act if they have subjected their victims to sexual abuse. It is therefore important that prosecutors are aware of the existing legislative measures that could be used to prosecute traffickers. Where a trafficker has neither subjected his or her victim to abuse during the trafficking process nor has entered the country illegally, the charge will usually be kidnapping only. A lower sentence would generally be imposed for the crime of kidnapping compared to the crime of trafficking in persons.249 Asiya Kahn from the Department of Justice in Durban provided some insight into which legislation is being utilised in order to deal with trafficking issues at present: “Even though we acknowledge that legislation is inadequate, we are using S71 of the amended Sexual Offences Act to deal with issues of trafficking and this is working well. Previously, we relied on older provisions” Another outcome of this lack of legislation and implementation is that the relevant agents who come into contact with victims of trafficking, such as social workers or police officers, lack the tools in order to take action against human trafficking. This impacts on the prosecution of trafficking crimes, the protection of victims of trafficking and the prevention of the problem. Truong et al (2005) claim that an overview of current human trafficking policies indicates that they fall into three categories: (a) prevention and deterrence, (b) law enforcement and prosecution of traffickers, (c) protection of trafficked persons and assistance in social reintegration. However, these official actions face many problems related to implementation such as lack of evidence, judicial disharmony within and between national legislative systems, weak social institutions with logistic problems and inadequate professional capability to lend support to trafficked persons. This, in turn, indirectly serves to boost the impunity of perpetrators and maintains the opportunity for re-trafficking.250 The lack of child trafficking legislation was identified by participants at all of the workshop discussions as a key concern which impacts on the protection of children and on the provision of services to victims of trafficking. As one participant at the Johannesburg

248

“Sex, Slavery and Seduction: Trafficking in Women and Children in Southern Africa”,(IOM, Pretoria, 2003)

249

See chapter 5 of Discussion Paper on Trafficking in Persons, South African Law Reform Commission (June 2006)

250

Truong, T. and M. Belen Angeles, 2005, "Searching for Best Practices to Counter Human Trafficking in Africa: A Focus on Women and Children",

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workshop indicated: “Draft legislation is in place, the Children’s Act and Sexual Offences Act is there but is not yet ‘in place’ which means there is no specific obligation to act.”251 This finding is also reflected in the 2005 Molo Songololo study which found that “service providers are generally more concerned with children’s vulnerability to harmful and exploitative situations, especially child sexual abuse and trafficking in children is not yet a priority on their intervention agendas”.252 8.3

Lack of integrated, comprehensive strategies, plans and programmes to deal with trafficking

Despite the establishment of an Inter sectoral task team on trafficking in 2003, it still appears as though there is a lack of integrated, comprehensive strategies, plans and programmes to deal with trafficking. This is evident from the fact that many different stakeholders appear to be involved in similar initiatives without knowing of each other, hence lacking the opportunity for potential linkages and synergies for improved impact. “The problem is that there is a lot that organisations and government do for children but there is no integration of these programs (no working together”253 The findings discussed above reveal that, without statistical evidence indicating the size of the trafficking problem and until anti-trafficking legislation has been finalized, intervention strategies to deal with the problem in a comprehensive and integrated way will remain limited. Cati Vawda noted the limited cooperative government and civil society as one of the key challenges to ensuring protection of children’s rights.254 Concern over the lack of strategic plans to deal with trafficking in the short term (around 2010 FWC) as well as in the long term, was reflected in participants’ comments across all workshops. It was proposed that an integrated strategy should bring together all role players, including DSD, SAPS, FCS, and NGOs. The need for this kind of approach is highlighted by SANTAC who claims that the key towards tackling the problem of trafficking in children lies in an integrated and collaborative approach rather than just focusing on legalistic interventions.255 Within the context of integrated service provision, two gaps were highlighted by participants: prevention and victim care and support. 8.3.1

Prevention

In their study into human trafficking in South Africa, UNESCO states that the key to fighting the problem lies in prevention, with “primary prevention” techniques being an important first step because it involves stopping things before they happen.256 Prevention strategies noted during workshops related primarily to the need for comprehensive awareness programmes, as well as early identification of potential perpetrators.

251

Patric Solomons, Molo Songololo, Johannesburg workshop 28 August 2008

252

“Trafficking in Children in the Western Cape”, Molo Songololo and United Nations Office on Drugs and Crime, (Cape Town, 2005)

253

Esinath Mhlongo Office of the right of children –Mpumalanga workshop 17 September 2008

254

Cati Vawda,“Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban workshop 11 September 2008)

255 : Human Rights Implications and the Role of the South African Human Rights Commission http://www.againstchildabuse.org/en/human_trafficking (accessed 23/7/08) 256 UNESCO (2007:56): Human Trafficking in South Africa: Root Causes and Recommendations Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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Awareness Raising

A lack of awareness around the dangers of trafficking was identified by participants as a key problem in the area of prevention particularly since there is no co-ordinated awareness campaign around the threat of trafficking during the 2010 FWC. As participants in Johannesburg and Tswhane noted, delayed awareness campaigns could lead to poor engagement of the community at the expense of children’s future. “We are not seeing enough media/publicity campaigns.”257 Participants identified many levels on which this lack of awareness occurs including: 

Within the public sector or government departments, for example social workers, SAPS, Home Affairs officials



On a community level, for example: children at primary and high school level; children who are vulnerable; teachers; parents; source areas: rural areas where children are trafficked from; homes; areas of poverty.

This concurs with one of the key findings of the 2005 Molo Songololo and UNODC study which is that “knowledge of what constitutes trafficking in children is generally low”258 It was also identified as a key concern by the U.S. State Department of Trafficking in Persons in 2008 which states that the South African government conducted no antitrafficking information or education campaigns which demonstrates minimal progress in combating human trafficking through prevention.259 The need to educate children about the dangers of trafficking during the event was identified as being essential during all workshops A Film and Publications’ Board (FPB) representative in Cape Town noted that: “With a major event we need to look at how to make sure children are aware of dangers. We think only poor children are in danger but all are non-suspecting victims.”260 In a similar vein, a participant in Tshwane emphasised the need for adequate information dissemination and for children to be made aware of what to do if they get lost.261 This approach is also supported by Koen (2007:2) who calls for an integrated and multifaceted approach to eradicating child sexual exploitation with the central focus being on decreasing children’s vulnerability.262 Identification of potential perpetrators

Another factor to consider in terms of possible prevention measures is that of identification of potential perpetrators. The need for a database of sexual offenders was highlighted by participants in Cape Town, Tshwane, Johannesburg and Durban workshops: Shirin Motala of the Civil Society Advocacy Project raised concern during the Durban workshop that: paedophiles and sex tourists as will organised crime syndicates are likely

257

Nkatane Matsomane, DSD Tshwane workshop 27 August 2008

258

Molo Songololo and United Nations Office on Drugs and Crime: Trafficking in Children in the Western Cape, (Cape Town, 2005)

259

Du Toit et al, (June 2005) Programme of Assistance to the South African Government to prevent, React to human trafficking and provide Support to the

victims of crime. 260

Goodness Dlamini, FPB Cape Town workshop 12 August 2008

261

Thembi Ndubane, World Hope Tshwane workshgop 27 August 2008

262

Koen, K., (2007), “Children on the edge: Strategies towards an integrated approach to combat child sexual exploitation in South Africa”. Paper by Molo

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to use this opportunity to come into SA, querying the extent to which international databases of offenders would be use for early identification.263 Asiya Kahn of the Department of Justice noted that the new Sexual Offences Act has a database of offenders, and that there are registers in other countries. The national register will be implemented. Correctional services also need to give information to the registrar to put on the database.264 This register was identified as essential preventative tool in the protection of children from sexual exploitation. It was proposed that SA should be liaising with international counterparts to put incorporate databases to regulate entry.265 Reference was also made of an Interpol list of known offenders, but the feasibility of policing and monitoring according to this list was questioned by Abb Dayanand of SAPS during the Durban workshop. 8.3.2

Victim care and support

Victim care and support refers to those services which offer protection to the trafficked persons and assistance with social reintegration.266 In relation to this Cati Vawda noted in Durban that: “At present, what is missing is a comprehensive, integrated, round the clock services and emergency provisions (safe houses, access for children, on the ground call out) for children”267 This issue was also highlighted by a participant in Johannesburg who noted the gap in services, commenting on the lack of secure care for children who have already been exposed to commercial sexual exploitation. With this current gap in services, participants raised concerns regarding the impact of the 2010 FWC. This was reflected in comments made at the Johannesburg and Cape Town workshops, particularly regarding systems of referral for trafficked children, as well as availability and capacity of places of safety, and information on how to access such services. The concerns highlighted above are supported by the 2003 IOM study which found that “South Africa has no public services specifically designed to assist victims of trafficking”268. In June 2008, the U.S. State Department of Trafficking in Persons also found that “government protection for trafficking victims remains inadequate and formal arrangements to identify and care for victims were lacking. This is mainly due to a shortage of social workers working with children resulting in inadequate case monitoring and follow up and failure to accompany children to court”269 The need for more integrated support and protection services was also identified as a need by the Commission for Gender Equality which convened a human trafficking briefing session together with the NPA and SAPS KZN on 27 August 2008. It was stated that: “There is a need to develop support and protection of victims of trafficking. The Witness

263

Shirin Motala, CSAP, Durban workshop 11 September 2008

264

Asiya Kahn, Department of Justice, Durban workshop 11 September 2008

265

Patric Solomons, Molo Songololo Durban workshop 11 September 2008

266

Truong, T. and M. Belen Angeles, 2005, "Searching for Best Practices to Counter Human Trafficking in Africa: A Focus on Women and Children",

UNESCO 267

Cati Vawda,“Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, Durban workshop 11 September 2008

268 “

Sex, Slavery and Seduction: Trafficking in Women and Children in Southern Africa”,(IOM, Pretoria, 2003)

269

U.S. State Dept Trafficking in Persons Report, June, 2008www.gvnet.com/humantrafficking/index.html

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Protection Program is not adequate, and insufficient resources are being made available to victims, who are vulnerable” 270 The fact that the victim Empowerment Programme (VEP) referred to in Section 7.1.2 is still in draft form since 2004 is considered a gap, as it means that the Department of Social Development is operating in a policy vacuum regarding victim support. Specific issues relevant to consider in terms of an integrated approach to providing victim care and support include the availability and capacity of social workers, and capacity of officials dealing with children. These are discussed below: Shortage of Social Workers

The shortage of social workers has been emphasised by Cathy Ward in the situational analysis done on the state of children in the Western Cape. Ward notes that there are currently not enough social workers to investigate cases properly, particularly as abused children may not come out to seek for assistance of themselves. Shirley Davis of DSD Cape Town similarly emphasised the “Gross under supply of social workers” as a key constraint to effectively dealing with issues related to child protection and support. Lack of effective shelters

Places of Safety operated by the Department of Social Development across the country are shown in Table 6 below. 271 It should be kept in mind that children can also be placed in place of safety in other children’s institutions such as children’s homes. Children can also be placed in place of safety with families that have been screened to perform this function. This effectively means that every family/children’s institution could potentially be utilized as a place of safety for a child. While there are numerous shelters providing care and support to vulnerable persons and children in particular, trafficking victims require additional support, care and protection that few can or are willing to provide. Table 6: Department of Social Development Places of Safety PROVINCES

NUMBER OF PLACES OF SAFETY

MAXIMUM CAPACITY AS AT JANUARY 2007

EASTERN CAPE

150

FREE STATE

110

GAUTENG

592

KWAZULU-NATAL

450

LIMPOPO

1 Government POS

178 boys and girls

1 NGO POS

20 children

6 NGO- based places of safety

121

MPUMALANGA

No Government places of

270

Presentation by Khosi Nxumalo, Commission on Gender Equality, Durban workshop 11 September 2008

271 Joan Groenewald, Department of Social Development - emailed response. October 2008 Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Molo Songololo safety NORTHERN CAPE

120

NORTH WEST

2 children’s homes reserve space for children to be placed in places of safety

1Govt. children’s home

1 NGO children’s home

Accommodate space to 10 children as a place of safety.

Accommodate space to 20 children as a place of safety.

WESTERN CAPE

947

TOTAL

2 718

Capacity of Officials

Within the context of victim care and support, it was pointed out that many of the service providers such as the police and social workers lack the necessary information and skills to deal with victims of trafficking. A representative of SAPS at the Durban workshop highlighted this, noting that: “When SAPS comes across a situation concerning children – where do we take these issues? There is a slow response from police and we have no facility to keep children. ”272 A Childline representative at the Johannesburg workshop also raised this concern, querying the manner in which police staff are trained, and noting the closure of CPU Units in Gauteng. “Police are not sensitized to issues of children. Is there a plan? How can NGOs participate?”273 Training of SAPS staff was also identified as a gap in victim care and support at the human trafficking briefing session convened by the Commission for Gender Equality with the NPA and SAPS KZN on 27 August 2008: “There is a need for internal training and awareness raising for senior SAPS officers, and SAPS street officers that will bring about changes in mindset and the ability to recognize and respond to human trafficking.”274 8.4

Lack of a child safety plan for 2010 FWC

The fact that the security plans on a national, provincial and local level have not considered the safety of children as a specific focus area is an issue of great concern raised by workshop participants. Comments made in Cape Town, Durban and Johannesburg highlighted these concerns:  “I am disappointed that there is no commitment yet to child trafficking and a lack of strategies. What can really be achieved if we don’t have strategies now?”275  “In all of these plans the government does not consider children - on a national level and local, none of the host cities have children in their plans”276

272

Abb Dayanand, SAPS, Durban workshop 11 Spetember 2008

273

Anette Brokensha, Childline, Johannesburg workshop 28 August 2008

274

Presentation by Khosi Nxumalo, Commission on Gender Equality, (Durban: 11 September 2008)

275

Martha Qumba, Triangle Project, Cape Town workshop 12 August 2008

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 “The strategic plan for SAPS: if there isn’t a specific programme to deal with trafficking, money won’t be allocated so nothing will be done. Frustrations for SAPS not acting - because it’s not part of their objectives. We would like to see specific objectives regarding what will be done for human trafficking. What intelligence? The current plan only seems to focus on safety of people coming to stadiums, etc. Will the police have a more proactive stance re potential social risks before 2010?”277 A participant in Johannesburg raised concerns regarding the poor links between the national and local security plans and the need for an integrated security plan, noting that: “People are planning in Silos. Safety and Security responsibilities at this time will only be in terms of promises made to FIFA. We now need to start recommending on how to deal with issues such as children, to bring this together into a security plan for the city.”278 SAPS’ representatives at both the Johannesburg and Cape Town workshops confirm the lack of focus on children's security and the need to integrate this into planning:  “After the workshop today it appears as though plans may need to readjust to take greater consideration of issues related to child safety and potential risks of trafficking, as these have not yet been integrated into the 2010 Security Plan.”279  “The concern over trafficking is noted as a new angle to consider in terms of planning for the event. We don’t have a very comprehensive understanding of the child trafficking environment. Integrating this component will require more work. I don’t know of any research that has been done on big events & child trafficking. This needs to be addressed. Child trafficking concerns must be added to plans.”280 On 27 August 2008, a human trafficking briefing session was convened by the CGE with the NPA and SAPS KZN. The recommendations that came out of that session include: 

There is a need to prioritize human trafficking and build recognition of the seriousness of the crime, and obligations imposed by legislation and covenants



There is a need to establish an appropriate investigative task team of five for the province, staffed by appropriate stakeholders, with investigative capacity and necessary training and resources and access to interpreters to undertake work required.



There is a need for internal training and awareness raising for senior SAPS officers, and SAPS street officers that will bring about changes in mindset and the ability to recognize and respond to human trafficking.



There is a need to address where police are corrupt or complicit in relation to illegal brothels, including organized crime unit members. The task team needs to stand alone from organized crime structures, and should fall under province.



There is a need to address licensing and non-compliance of brothels and escort agencies.

276

Patric Solomons, Molo Songololo Durban workshop 11 September 2008

277

Anthea Mokwana, DSD, Johannesburg Workshop 28 August 2008

278

Goodness Dlamini, FPB, Johannesburg workshop 28 August 2008

279

Stan Gibson, SAPS, Johannesburg Workshop 28 August 2008

280

Director Jacobs, SAPS, Cape Town 12 August 2008

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

There is a need to develop support and protection of victims of trafficking. The Witness Protection Program is not adequate, and insufficient resources are being made available to victims, who are vulnerable.



There is a need to establish an inter-sectoral response team and build necessary networks and contacts. KZN is building a network of appropriate stakeholders to strengthen and support investigation. A meeting has already been scheduled for 2 October 2008.



There is a need to implement public awareness campaigns

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KEY FINDINGS AND RECOMMENDATIONS TO PREVENT TRAFFICKING, ABUSE AND EXPLOITATION OF CHILDREN

9.1

Key Findings

Key findings pertaining to the sections covered in this report are as follows: 9.1.1

Trafficking Context

The findings related to the context of trafficking of children lead to the following conclusions: 

Trafficking is an existing concern in the SADC region



The current vulnerable situation of children in South Africa puts them in a position of risk for trafficking.

9.1.2

FIFA Context

Findings related to the context of the 2010 FWC in South Africa lead to the following conclusions: 

The event footprint includes 9 host cities, stadiums, training venues, fan parks and public viewing areas (formal and informal), as well as points of entry (airports, harbours, borders)



FIFA has a history of commitment to children’s issues through its social responsibility initiatives and campaigns



A comprehensive integrated National Security Plan has been designed for the 2010 FWC event, including close collaboration with Interpol



Security Plans have been designed in Host Cities by SAPS in collaboration with the Host City Organising Committees. There is concern that there is currently no child safety plan being included in the national, provincial and local security plans for the event.

9.1.3

High risk factors

The findings related to high risk factors during the event lead to the following conclusions: 

Risks relate primarily from expectation of economic opportunity to be gained in illicit ways around the 2010 FWC event.



In relation to demand and supply factors, the increase in demand during the 2010 FWC could lead to a potential increase in sexual exploitation of children and in child labour



Poor border control could be a threat to child safety during the event



An increase in the consumption of alcohol will threaten child safety during the event.

9.1.4

Internal trafficking

The findings related to internal trafficking led to the following conclusions: 

The 2010 FWC could lead to an increase in internal trafficking in children, which is already noted as a concern

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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

South African children are already vulnerable to abuse, exploitation and trafficking and it is against this backdrop that the 2010 FWC will take place



It is expected that children from rural areas will come to the cities to see their stars, and in the hope of making money. This makes them particularly vulnerable

9.1.5

External trafficking

The findings related to external trafficking led to the following conclusions: 

The 2010 FWC will lead to a potential increase in external trafficking in children



There may be an increase in the use of South Africa as a transit country for victims of child trafficking during the event



The introduction of visa-free travel in the SADC region prior to and during the event may lead to this increase in external trafficking.

9.1.6



9.1.7

Children at risk

All children are at risk to abuse, exploitation and trafficking during the event but that there are certain groups of children who are more at risk and these include: “unattended children”, street children and refugee children. Legislation



The majority of SADC countries do not have specific legislation with which to combat trafficking, although various existing measures can be used to prosecute offenders



Capacity for effective enforcement and prosecution of offenders is sorely lacking in the region



In South Africa provisions of the new Children’s Bill covers trafficking, but this has yet to be implemented. Offenders are currently prosecuted in terms of the Sexual Offences, ‘Children’s and other Acts.

9.1.8

Role players



There are numerous role players at international, regional and local, intergovernmental, governmental, and non-governmental levels that are concerned with the issue of human trafficking, and trafficking in children in particular



There appears to be lack of integration between these role players in terms of comprehensive strategies to combat trafficking and provide victim support.

9.1.9

Gaps and challenges

The findings related to gaps and challenges lead to the following conclusions: 

Lack of statistics on the extent of child trafficking in South Africa remains an obstacle to the provision of comprehensive and integrated services to combat the problem



Lack of anti-trafficking legislation impacts on the protection of children and the provision of services to victims of child trafficking



Lack of comprehensive, integrated strategies, plans and programmes to deal with trafficking on the level of prevention and victim care and support. \

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

Lack of a child safety plan for 2010. Recommendations

9.2

Outlined below are the recommendations based on key findings related to potential impacts and gaps in child protection strategies, which include the insights and ideas given by participants at the various workshops. 9.2.1

High risk factors

In order to tackle the high risk factors related to the event, the following recommendations are made: Recommendation 1: Integrate a “Child Safety Plan” into the national, provincial and local safety plans for the 2010 FWC

Representatives of the NGO sector in Durban highlighted the importance of influencing government processes in this regard. As one participant indicated:  “What people are raising in this forum will be used to influence those processes through advocacy and lobbying. Another challenge that civil society has is how they influence the Host City to include children in their security and operational plan.”281 Some factors to consider when developing the child security plan were raised: An interview with the WCSCF revealed that the introduction of a “Child Protection plan for 2010 FWC” would be the key to ensure their protection against abuse and exploitation during the event. Director Jacobs (SAPS, Western Cape) recommended that existing structures such as the family and child protection units be utilised in order to ensure the child security during the event. Participants in Cape Town discussed the need for “safe centres” for children during the event. As Shirley Davis from the Department of Social Development in Cape Town recommended:  “We need to work together to see where these sites should be placed. We need social workers & trained volunteers placed there” This was supported by another participant who stated:  “We need a centre properly staffed for children who are separated from parents at each of the event centres”. This is in line with the “Emergency Response Against Child Trafficking” run by the NGO “Arsis” during the 2004 Olympic Games. Multi-disciplinary “Street Work Teams” were established in each of the host cities in order to raise awareness of trafficking in children before the event and to provide protection services to children during the event. They operated from well-equipped, central offices in each city and their services included the “detection and registration” of victims of abuse, exploitation and trafficking and the provision of victim care and support. It was noted that the success of this project lay in the “coordination with other organizations, governmental or not which created grounds for developing a solid and efficient cooperation”282

281

Patric Solomons, Molo Songololo Durban Workshop 11 September 2008

282

Adam (2005) Emergency Response Against Child Trafficking(ERACT): Final Report, Arsis

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The successful implementation of a “child security plan” will therefore require close consultation between FIFA, the host cities, SAPS, the Department of Social Development and the NGO sector. In relation to the increased consumption of alcohol, it was noted by Ass. Comm. Ben Groenewald (SAPS, National) that existing legislation is applicable but that SAPS must decide on the “level of toleration around the event sites”. Concerned about the risk this poses to child safety, participants listed the following recommendations in order to strengthen law enforcement efforts during the event: 

Alcohol: Restrict access to alcohol - no alcohol to be sold at venues



Legal action taken if found under the influence of alcohol



Liquor agencies to implement strict policies on accessing alcohol.

9.2.2

Internal trafficking

In relation to demand factors, the following recommendations are made: Recommendation 2: Educate tourists on the current vulnerable status of children and the problem of trafficking

Participants believed that this could be one way of reducing the “demand” factors related to trafficking during big events. This is reflected in the following recommendations made during the Cape Town workshop:  “A pull factor to manage by 2010 is tourists’ perceptions of poverty. We should recommend a ‘Don’t give campaign’ focused on the education of tourists.”  “To stop the demand - the organisers of the World Cup in Cape Town should design posters and place these in strategic places to say to tourists: “We love our children: Please respect them” or something similar “creative artists please CREATE”; “Let Cape Town do it differently”; “Think children not money”” The Canadian NGO “Future Group” has also highlighted this as an important recommendation for countries hosting big events. It claims that it is important to deter traffickers and potential commercial sex users particularly because some visitors will come from countries where prostitution is legal, and it is critical that “the demand for sexually exploitative activities not be permitted to spike”. It further recommends that those visiting during the event need to be advised of laws against sexual exploitation and human trafficking. 283 9.2.3

External trafficking

In order to tackle the potential increase in external trafficking, the following recommendation is made: Recommendation 3: Enhance the ability of border officials to identify victims of child trafficking and deal effectively with cases of child trafficking.

This will require comprehensive training of border officials in line with the recommendation made by a participant in the Cape Town workshop:

283

Faster, Higher, Stronger: Preventing Human Trafficking at the 2010 Olympics. The Future Group, (Calgary, 2007)

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 “Cross border trafficking - Home Affairs officials need to be educated with specific relevant information” 284 This is also supported by the “Future Group” which recommends the enhancement of border integrity through the identification of victims in transit through border controls. It also recommends comprehensive training for border agents in order to assist border guards to distinguish between genuine tourists and potential victims of human trafficking in transit. 285 It was noted that the success of this intervention will require collaboration with the following: 

Departments of Home Affairs and Foreign Affairs in South Africa and neighbouring countries



Interpol



Collaboration with International and Regional Agencies and Networks, including SANTAC, IOM, Social Services International

9.2.4

Children at Risk

In relation to children who are deemed to be most vulnerable, the following recommendation has been made: Recommendation 4: Ensure that those children in vulnerable groups, which include ‘unattended children’, street children and refugee children are specifically targeted when planning any intervention plan aimed at reducing the impact of 2010 FWC on child trafficking.

Interventions aimed specifically at street children were recommended by patricipants of the Durban workshop: 

Consultative workshops between DSD and the municipality on a plan for street children



Develop a safety plan for street children



Conduct training workshop for street children about 2010 FWC



Educate SAPS on how to handle street children without violating their rights.

The facilitation of children's programmes targeted at vulnerable groups of children during the event was also identified as an important strategy. Some ideas regarding this were shared at the different workshops:  “Municipalities and communities should keep children entertained using big screen televisions, holding events at schools and setting up teenage fan-parks”,(Durban)  “There should be activities organised for children in all areas to keep them busy. For example, winter school, sports, fun days” (Tshwane)  “Schools should remain open but not for entire days” (Johannesburg)  “Recreation, arts, cultural activities throughout the event, (Nelspruit)

284

Samuel Ngidiwe, Nacosa/ Chain Cae Town workshop 12 August

285

Faster, Higher, Stronger: Preventing Human Trafficking at the 2010 Olympics. The Futurehttp://www.google.co.za/ig?referrer=theme_ign Group,

(Calgary, 2007) Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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It is important to note that fulfilment of the above recommendations would require collaboration between the relevant government departments, Local and Host City and Organising committees, NGOs and other role players. 9.2.5

Gaps

The following recommendations were made in relation to the gaps and challenges: Recommendation 5: Establish a routine, co-ordinated data collection strategy in order to monitor the problem of trafficking in children

This recommendation is reflected in the following statement made by a participant in Cape Town:  “SAPS need to get better stats & there needs to be better cooperation between SAPS & NGOs to determine this.”286 In the same workshop, the following recommendation was made with regards to the key role players who should be involved:  “Keeping the statistics available in order to monitor generally and specifically for children: All welfare organisations, with a body with representatives from these organisations to monitor this information”. 287 The need for data to quantify the problem has been highlighted by UNESCO which states that “prevention strategies which are not linked to routine coordinated data/research collection and analysis are likely to be ‘shots in the dark.’”288 This is also highlighted by Pharoah (2006) who claims that a sound understanding of trafficking is required in order to develop effective legislation, policies and programmes and that research is urgently needed to fill these gaps. The type of data required includes: 

How extensive the problem is



The extent to which South Africans are trafficked to other countries



The profile and motivations of both victims and traffickers



The types and nature of exploitation involved



The social, economic and political environment in which it occurs



The factors that makes some people more vulnerable to being trafficked than others



The extent of both prevention activities and the support infrastructure available to victims; and



South Africans’ knowledge and attitudes on the issue. 289

286

Amanda Lucey – ISS Cape Town workshop

287

Cape Town Workshop Recommendations

288

UNESCO (2007) Policy Paper No 14.5 (E) “Human Trafficking in South Africa: Root Causes and Recommendations

289

Pharoah, R., 2006, “Getting to grips with trafficking: Reflections on Human Trafficking Research in South Africa”, (ISS Monograph Series, June 2006)

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Recommendation 6: A clear legal framework for the protection of victims of trafficking and the prosecution of offenders to be finalised and implemented before the 2010 FWC

Once again, participants in all the workshops highlighted the importance of lobbying and advocacy in order to “fast track” legislation including the Children's Act and anti-trafficking legislation. Comments included:  “Monitor the progress of the trafficking bill to speed up its process of becoming legislation”, (Johannesburg)  “Improve enactment and implementation of legislation”, (Johannesburg)  “Legislative reform to advance the promulgation of trafficking legislation. Stakeholders to include: NGOs, CBOs, FBOs, Government Departments”, (Cape Town) Recommendation 7: Develop an integrated and comprehensive strategy to protect children from abuse, exploitation and trafficking for 2010 FWC and beyond

A statement made by a participant in Cape Town sums up the importance of this recommendation:  “Whatever strategies are put in place to protect vulnerable children must begin NOW and must be sustainable, with a short term goal to reduce trafficking in children by 2010 and to continue beyond 2010 to tackle this problem. - Main stakeholders: Police services working together with civil society” In relation to the development of this integrated strategy, the following was recommended by participants across all workshops: 

The development of a mechanism to bring all role players together on a national level for the development and execution of a strategy: (ensure integration and cohesive implementation.) Current drivers to lead the initiative.



That an integrated task team be established in each city to look at the key issue of children at risk and that a representative of this team be included in the 2010 FWC Joint Planning Committee in each Host City.



Key role players should include relevant government departments (DSD, DOE, DOH), including SAPS, NGOs, FBOs and CBOs.

It was also noted that strategies should focus on the expectations of poorer communities around the 2010 FWC and include them in the planning. As one participant in Cape Town noted:  “The first step is to manage the expectations of poor communities in and around Cape Town. We need to find them a space where they belong in 2010. For example, the volunteer programme should be targeted at the most needy with stipends attached,”290 This approach is supported by UNESCO which states that direct prevention activities to combat trafficking requires the active involvement of community members which fosters their decision-making about how to maintain the safety and well-being of its members. The volunteer programme which will be established in each of the host cities was identified by participants as a potential vehicle for the inclusion of local, poorer communities into the

290

Paul Hooper, WCSF - Cape Town workshop

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event and as a means for providing its members with some level of economic benefit from the event. The need to consult with children in this process was also highlighted. For example, participants in the Johannesburg and Tshwane workshops recommended the following:  “children's consultation – ask children what they need in terms of their safety during the 2010 games”  “involve children: inform them what 2010 might bring along and the risks involved” While the need for a specific short term strategy for 2010 FWC has been identified, participants also noted that tackling the problem of trafficking in children requires a long term approach which focuses on the root cause of trafficking in children - poverty. The approach towards tackling this problem therefore lies in an integrated and collaborative approach rather than focusing just on legalistic interventions. 291 This is reflected in the Preamble of the Optional Protocol on the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography which states, in part: “that the elimination of the sale of children, child prostitution and child pornography will be facilitated by adopting a holistic approach, addressing the contributing factors, including underdevelopment, poverty, economic disparities, inequitable socio-economic structure, dysfunctional families, lack of education, urban-rural migration, gender discrimination, irresponsible adult sexual behaviour harmful traditional practices, armed conflicts and trafficking in children.”292 Prevention

In relation to prevention, participants placed much emphasis on the need for public awareness campaigns around the issue of trafficking in children. The following recommendation was therefore made: Recommendation 8: Launch a co-ordinated public awareness campaign targeted towards both the general public and more specifically towards children

The launch of an awareness campaign which publicises the problem of trafficking in children and educates the public on the problem was identified by participants as a key recommendation to prevent the ongoing abuse, exploitation and trafficking in children during the event and beyond. This was the central preventative strategy undertaken by the German government, NGOs and international organisations before and during the 2006 Olympic Games. Research indicated that the reduced levels of trafficking during this event was attributed, in part, to the public awareness campaigns because they raised awareness and advocacy amongst the public, potential clients and policy makers293. It has also been identified by the “Future Group” as a recommendation to mitigate the impacts of trafficking during the 2010 Olympics in Canada. Their report refers to: “effective

291

SANTAC:

Human

Rights

Implications

and

the

Role

the

South

African

Human

Rights

Commission

http://www.againstchildabuse.org/en/human_trafficking (accessed 23/7/08) 292

UNHCR (2002) Preamble of the Optional Protocol on the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child

Pornography 293

Trafficking in human beings and the 2006 World Cup in Germany, IOM Migration Research Series(Geneva, 2007)

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public awareness campaigns before, during and after the 2010 Olympics: members of the Canadian public and those visiting Canada during the 2010 Olympics”294 The need for a well co-ordinated campaign has also been identified as an important factor when developing this preventative strategy. Evidence from the 2006 FIFA World Cup in Germany points to this with NGOs claiming that campaigns and activities should have been more co-ordinated. It was recommended that “one big, comprehensive and professionally organized campaign covering different target groups, but with an overall consistent message may have been even more effective than the combination of several separate campaigns”.295 The need to target specific groups of people was noted as essential for the success of such a campaign. This is captured in the following recommendation:  “Public information and education campaigns that are directed at people visiting SA and shown in airports/distributed on airplanes will get the word out and demonstrate that SA is serious about combating this problem.” 296 UNESCO also highlights the fact that “large-scale, expensive information campaigns are of questionable value if not targeted to specific, identifiable audiences”. Furthermore, they stress that “it is likely that sustained, concerted campaigns aimed at specific high risk groups and readily identifiable social and professional groups will be most effective”297 Children were identified to be the central target group and this was also viewed as one of the keys to the success of awareness campaigns. This will involve equipping them and empowering them with knowledge and skills needed to identify potentially threatening situations. As Dottridge in Truong et al (2005:5) claim, child-specific remedies need to be taken into account when tackling the problem of trafficking in children. It is stated that “child-focused action should try to minimise their specific vulnerabilities, enhance their capacity to assess risk and articulate worries, and pay attention to gender and age differentials." This is supported by Koen (2007:2) who calls for an integrated and multi-faceted approach to eradicating child sexual exploitation with the central focus being on decreasing children’s vulnerability.298 It was recommended that the co-ordinated awareness campaign should also target a range of different structures and institutions and include a number of different role players, including the media, schools, households and communities. These are discussed below:  Media The South African media was identified as a key role player in the proposed awareness campaign. This is reflected in the following recommendations made by participants in the Cape Town workshop:  “Media involvement - ensure constant public debate”  “Engage the media (SABC and eTV) to drive the campaign by means of in your face adverts with regards to 2010 to highlight the issue of child trafficking”

294

Faster, Higher, Stronger: Preventing Human Trafficking at the 2010 Olympics. The Future Group, (Calgary, 2007)

295

Trafficking in human beings and the 2006 World Cup in Germany, IOM Migration Research Series(Geneva, 2007)

296

Rebecca Pursell, Khulisa Management Services, response to email questionnaire September 2008

297

UNESCO (2007) Policy Paper No 14.5 (E) “Human Trafficking in South Africa: Root Causes and Recommendations

298

Koen, K., (2007), “Children on the edge: Strategies towards an integrated approach to combat child sexual exploitation in South Africa”. Paper by Molo

Songololo for WomensNet Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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 “Develop key messages to go through all media channels, training (existing programmes of organisations to highlight safety in terms of the 2010 events, highlighting also the increased vulnerability of children “at home”. “Do you know where your children are?”  Schools The importance of awareness raising at schools was emphasised during consultation, noting the importance of awareness campaigns, as well as integrating content into the curriculum as part of life orientation skills. It was suggested that “the issue of trafficking should also be included in school curriculum so that children are aware of the risks. “299 For this purpose Rebecca Pursell of Khulisa Management Services noted that Khulisa has developed a Child Labour curriculum targeted at Grade 9 level in schools which includes a module on trafficking. Both primary and high schools should be targeted in awareness campaigns, for which it was proposed that SAPS, together with local children’s rights, care and support organisations can do talks at schools, conducting workshops for children as well as teachers. This should focus around sensitising children on the reality of child trafficking, and informing them of potentially harmful experiences they can be subjected to. The Department of Education should play a key role in such an approach. It could also be considered to integrate issues of safety and security around the event into the existing My School Adventure project being conducted through FIFA (see Section 4.2)  Homes Workshop participants also believed it important to focus directly on the homes, to educate parents around trafficking and conscientise families, children and the community at large. Education is deemed particularly necessary in the rural areas or poverty areas. The importance of using “Child friendly messages” explained in simple terms with ample use of pictures was emphasised.  Source Areas Awareness raising should be done at the grassroots where children are trafficked from. Both the SAPS and NGOs can play an important role in undertaking such an initiative, which should be conducted in collaboration with the Department of Social Development. The focus on source areas should include organisations who have been working there and are aware of local specific problems. This can be done in an effort to break existing trafficking networks before 2010.  Communities The importance of community awareness and capacity building programmes was stressed, to increase access to information regarding child trafficking and different forms of trafficking that exists. Role players to include in such an initiative include NGOs, government departments, as well as community leaders (notably church leaders whom it is believed should be taught about Human trafficking so that they can educate their congregations.) Victim care and support

The gaps in victim care and support services led participants to make the following recommendation:

299

Rebecca Pursell, Khulisa Management Services, response to email questionnaire September 2008

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Recommendation 9: Establish a strong network of victim protection and support services for 2010 and beyond.

Strategies to ensure the success of this network were identified by participants and include: establishing places of safety for victims of trafficking, training of relevant role players and establishing a national toll-free helpline.  Places of safety: It was noted by participants that places of refuge or safety need to be identified in order to accommodate the potential increase in the number of victims. The following recommendations were made in this regard:  “Places of refuge both for trafficked children and adults. Key role players here will be Local Government and Department of Social Development/ Welfare/ Faith Groups.”  “Create safe spaces for children to either identify possible traffickers & other perpetrators or to give psycho-social education regarding trafficking during 2010. Role players: DSD’ SAPS; FCS.”  “More funds geared towards establishing places of safety specifically for trafficked children, both boys and girls; both external and internal victims of trafficking. DSD and National Trafficking task team.”  “Involve the community in arranging foster or safe homes for children.“ This recommendation has also been included by the “Future Group” for the 2010 Olympic Games in Canada. They include the need to increase levels of protection for trafficked persons by establishing services such as safe and appropriate housing, counselling, legal aid and medical assistance.300 During the 2004 Olympic Games in Greece, co-ordination amongst various government departments and non-governmental organisations led to the provision of the following services to victims of trafficking: legal assistance, family consulting and reintegration/reunification, psycho-social support and assisted voluntary return.301  Training: Participants identified the need to educate and train a broad range of role players and service providers who come into contact with victims of child trafficking. As one participant in Johannesburg noted:  “Training for NGOs and child protection agencies should be incorporated as these are the first responders to victims of all types of CSEC during the games within local SAPS structures”. Those identified for training include: social workers, teachers, SAPS (particularly those who work in the FCS). UNESCO has also identified education and training as an important “best practice” recommendation to tackle the problem of trafficking in South Africa. It is noted that “thorough, regular, practical training of all elements of the police/judicial system,

300

Faster, Higher, Stronger: Preventing Human Trafficking at the 2010 Olympics. The Future Group, (Calgary, 2007)

301

Adam (2005) Emergency Response Against Child Trafficking(ERACT): Final Report, Arsis

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government officials and border guards will strengthen their capacity to deal effectively with human trafficking”302  Emergency hotline: Participants stressed the need for an emergency hotline or emergency toll-free line for the reporting of trafficking offences and for the support of victims of trafficking. As Cati Vawda (CRC) stated at the Durban workshop:  “What services can we have that can be extended to a 24 hour service? As a national priority we need to have one number that a child can call that can be put, mandatory, as speed dial number 1” This intervention would be similar to the one employed in Germany during the 2006 FIFA World Cup. Three national hotlines were in place during the event as a means to increase levels of support and counselling provided to victims of trafficking.303  Repatriation: Appropriate care should be taken to ensure appropriate repatriation of victims of child trafficking. This should include appropriate support and counselling. The Beit Bridge SAPS Ports of Entry representative consulted in this research noted that in terms of the Immigration Act unaccompanied children could be declared as illegal foreigners and be detained and repatriated. However, unaccompanied minors should not be repatriated or deported without the consent of the Children’s Court in terms of the Child Care Act of 1983 as stipulated in Section 14 (4). Tracing of parents and family members of unaccompanied children is important to reunite the child with his or her family. To facilitate this process, a referral should be made to the International Social Services in the Department of Social Development in Pretoria. The embassy or consulate could be a resource in this regard. No child should be deported without making arrangements for the child to be received at his country of origin. Children’s Court inquiries may be opened to assist in these cases. It is also recommended that a child desk be incorporated at Ports of Entry to ensure appropriate treatment of child victims.

302

UNESCO (2007) Policy Paper No 14.5 (E) “Human Trafficking in South Africa: Root Causes and Recommendations

303

Markija Nikolovska (IOM) Trafficking and the 2006 World Cup, Lessons learned and role to play by 2010 World Cup. Paper presented at the SANTAC

Regional Referral System Workshop (December 2007) Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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CONCLUSION AND WAY FORWARD

An assessment of the findings of this research leads the authors of this report to conclude that the 2010 FWC in South Africa could indeed have potential impacts on the exploitation, abuse and trafficking of children. While research into similar events in Europe revealed little evidence of an increase of child trafficking around the events, the current context in South Africa shows that: a) trafficking networks within the country and region already exist, b) high levels of poverty in the region are a significant ‘push’ factor to consider, rendering people (particularly children) particularly vulnerable to the lures of traffickers, and c) the most significant ‘pull’ factor around the 2010 event expectations of economic gain, both amongst criminal elements hoping to abuse potential opportunities of festive and keen-to-spend foreign visitors, and amongst many of the region’s predominantly poor population desperate for income. It is within this context that stakeholders consulted in this process expressed concern at the lack of a child safety plan as part of the SAPS or host city Security Plans for the event. For this reason Recommendation 1 for this assessment is to: Recommendation 1 Integrate a “Child Safety Plan” into the national, provincial and local safety plans for the 2010 FWC The issue of internal trafficking has been noted as a particular concern, with rural areas, particularly those along major transport routes, considered especially vulnerable for recruitment of children. The risk of children making their own ways to cities, thus rendering them vulnerable to exploitation, was also raised. To address this the following recommendation is made: Recommendation 2: Educate tourists on the current vulnerable status of children and the problem of trafficking As trafficking networks in the region are already reported as a risk, external trafficking, particularly within the region, has a very strong likelihood of increasing in expectation of economic gain around the event. Research around the German event attributed the lack of visible increase in trafficking over the 2006 event to the potential deterrent of high costs involved in transporting people to Germany for such a short potential window of opportunity. Within sub-Saharan Africa the cost of transporting children to South Africa (which is relatively close-by to numerous reported ‘source countries), for a months’ interaction with festive foreign (assumed to be wealthy) tourists shows a different costbenefit equation. For this reason Recommendation 3 is to: Recommendation 3: Enhance the ability of border officials to identify victims of child trafficking and deal effectively with cases of child trafficking While all children may be vulnerable to trafficking, there are certain groups that can be considered more vulnerable than others. In this regard this study recommends the following: Recommendation 4: Ensure that those children in vulnerable groups, which include ‘unattended children’, street children and refugee children are specifically targeted when planning any intervention plan aimed at reducing the impact of 2010 FWC on child trafficking. A key obstacle in the assessment of potential risks of trafficking is the lack of statistics with which to quantify the problem. This also obstructs effective prevention as well as support Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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mechanisms with which to deal with the current situation, or potential impacts resulting from the 2010 FWC. The lack of numbers with which to describe the problem can also be a constraint to accessing resources to address it. The lack of figures could be addressed by: Recommendation 5: Establish a routine, co-ordinated data collection strategy in order to monitor the problem of trafficking in children Current judicial systems in the region predominantly lack specific legislation dealing with trafficking, although offenders are prosecuted under various other laws and codes in respective countries. In South Africa a comprehensive human trafficking bill was completed in 2007, but still awaits implementation. Other legislation is used to prosecute traffickers. The absence of specific legislation has implications for the availability of statistics noted above, in that crimes are reported under specific legislation. In this light it is recommended that: Recommendation 6: A clear legal framework for the protection of victims of trafficking and the prosecution of offenders to be finalised and implemented before the 2010 FWC There are numerous role players at international, regional and local, intergovernmental, governmental, and non-governmental levels that are concerned with the issue of human trafficking, and trafficking in children in particular. There appears to be lack of integration between these role players in terms of comprehensive strategies to combat trafficking and provide victim support. The following recommendations address the issue of an integrated response: Recommendation 7: Develop an integrated and comprehensive strategy to protect children from abuse, exploitation and trafficking for 2010 and beyond. Recommendation 8: Launch a co-ordinated public awareness campaign targeted towards both the general public and more specifically towards children Recommendation 9: Establish a strong network of victim protection and support services for 2010 and beyond. The implementation of all the recommendations identified in this study would require a committed, integrated approach involving multiple stakeholders from different spheres of government and civil society. It is recommended that the practical implementation of above-listed recommendations would need to be workshopped amongst key stakeholders to identify priority strategies with which this concern can be most effectively and efficiently addressed, taking into account existing time, capacity and resource constraints, as well as logistical complexity of coordination. A Plan of Action should be drafted and responsibilities assigned to key role-players in terms of activities required to work towards the objective of minimising potential risks to children posed by the 2010 FWC, and in the process strengthen existing networks that work towards the elimination of child abuse, exploitation and trafficking.

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Mail

trial

Guardian

Feb

2006

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star

Vilakazi's

rape

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

2008

postponed” 100

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http://www.mg.co.za/article/2006-02-15-soccer-star-vilakazis-rape-trial-postponed Masimanyane. International http://www.masimanyane.org.za/

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Trafficking

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Prostitution.

Mbanjwa, X, “Legalise prostitution for 2010”, http://www.int.iol.co.za/general/news/newsprint.php?art_id=vn200...(accessed on 14/7/08) Mbeki, Thabo - “Address of The President of South Africa, Thabo Mbeki, on the occasion of the Budget vote of The Presidency: National Assembly” obtained from http://www.sa2010.gov.za/node/99 (accessed on 1 October 2008) Mbere, Musa, DSD, Tshwane workshop 27 August 2008 Mhlongo A; Langa M and Sapa “2010: Sex, booze and soccer” Daily News April 03 2007 http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20070403090807905C365172 Mhlongo, Esinath Office of the right of children –Mpumalanga workshop 17 September 2008 Molo Songolo, 2000 “Trafficking in Children for Purposes of Sexual Exploitation – South Africa” , Molo Songolo(Cape Town, 2000) Molo Songololo and United Nations Office on Drugs and Crime, “Trafficking in Children in the Western Cape”, (Cape Town, 2005) Molo Songololo and United Nations Office on Drugs and Crime, 2005 “Trafficking in Children in the Western Cape”, (Cape Town, 2005) Molo Songololo, (2005:14) Trafficking in Children in the Western Cape Molo Songololo, (2007), What to do about trafficking: A Resource Manual for Service Providers Molo Songololo: Trafficking in Children for Purposes of Sexual Exploitation, Ibid. Chapter 4 Moyo, Dan (Acting Head, 2010 Unit, SRSA) http://www.pmg.org.za/report/20080611-fifa-worldcup-preparations-input-department-sports-and-recreation NACL Website http://www.childlabour.org.za/aboutus.html (accessed on 23/7/08) National Ass. Comm. Ben Groenewald (SAPS), “SAPS Security Plan for 2010 FWC ”, (Tshwane: 27 August 2008) Ndlangisa, Sabelo Criminals to target SA pre-2010 News24 1 June http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2332696,00.html

2008

Ndukuya, Vusi - Amazing Grace Children’s Centre Nelspruit workshop 17 September 2008 News 24 “Rape charge against Ronaldo” http://www.news24.com/News24/Sport/Soccer/0,,2-9-840_1819964,00.html

19/10/2005

Nikolovska, Markija (IOM) “Trafficking and the 2006 World Cup, Lessons learned and role to play by 2010 World Cup.” Paper presented at the SANTAC Regional Referral System Workshop (December 2007)

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Nkatane, Matsomane, Tshwane Metro DSD Tshwane workshop 27 August 2008 NPA Strategic Management of Trafficking in Persons, Inter-Sectoral Task Team, NPA, August 2006 NPA and EU Delegation South Africa, “Programme of Assistance to the South African Government to Prevent, React to human trafficking and provide Support to the victims of crime” June 2005 Pharaoh, R. (2006), Getting to Grips with Trafficking: Reflections on Research in South Africa, ISS Powell, Anel. Cape to adopt code to curb 2010 sex tourism Cape Times August 27 2008 Progress report: World Class Cities for All Campaign, December http://www.streetnet.org.za/WCCAprogressreportdec07.htm (accessed on 4/8/08)

2007,

Proudlock et al, (2008). South African Children Guage 2007/2008 Qumba, Martha, Triangle Project, Cape Town workshop 12 August 2008 Reddy, V (HSRC-Gender & Development) “Overview of Abuse, Exploitation & Trafficking of Children in SA”, (Tshwane, 27 August 2008) SA 2010 Website http://www.sa2010.gov.za/news/290908_2010schools.php (accessed 1 October 2008) SA Cities website http://www.sacities.net/2008/sept30_joburg.stm (accessed 28 September 2008) SANTAC: Human Rights Implications and the Role of the South African Human Rights Commission http://www.againstchildabuse.org/en/human_trafficking (accessed 23/7/08) SAPS website http://www.saps.gov.za/org_profiles/core_function_components/fcs/establish.htm (accessed 23/7/08) SA Transport website http://www.sa-transport.co.za/trains/maps/SA-Railmap3.pdf accessed 29 October 2008 Selepe, Cheche - World Class Cities for All campaign. Johannesburg Workshop 28 August 2008 Sex, Slavery and Seduction: Trafficking in Women and Children in Southern Africa conducted by International Organisation for Migration (Pretoria, 2003) Silva B., 2007 “2010 seen as child traffick lure”,http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2106998,00.html (accessed on 4/8/00) South African Government Information: http://www.info.gov.za/aboutsa/socialdev.htm (accessed 24/7/08)

Social

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South African Law Reform Commission See chapter 5 of Discussion Paper on Trafficking in Persons, South African Law Reform Commission (June 2006) Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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Spadavecchia, Olivia Soraya “2010 World Cup already raking in more money for FIFA than '06” Engineering News 11 Oct 07 http://www.engineeringnews.co.za/article.php?a_id=118871 (accessed on 18 October 2008) Stan, Gibson (SAPS), “SAPS 2010 FWC Security Plan”, (Johannesbureg, 28 August) Strategic Management of Trafficking in Persons, Inter-Sectoral Task Team, NPA, August 2006 Streetnet, 2008: World Class Cities for All Campaign, December http://www.streetnet.org.za/WCCAprogressreportdec07.htm (accessed on 4/8/08) SOUTHERN AFRICA: Major destination for traffickers in women http://www.irinnews.org/Report.aspx?ReportId=49630, (accessed 23/8/08)

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Survey of Activities of Young People (SAYP), conducted during 1999, are summarised and analysed in the discussion document. Truong T. 2006 “Poverty, Gender and Human Trafficking in Sub-Saharan Africa: Rethinking Best Practices in Migration Management” UNESCO Truong, T. and M. Belen Angeles, 2005, "Searching for Best Practices to Counter Human Trafficking in Africa: A Focus on Women and Children", UNESCO U.S. State Dept Trafficking www.gvnet.com/humantrafficking/index.html

Persons

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June,

2008

UN urges action on 'scary' levels of trafficking in Southern Africa, http://www.haaba.com/news (accessed 14/7/08) UNESCO (2007): Human Trafficking in South Africa: Root Causes and Recommendations UNHCRwebsite http://www.unhcr.org/refworld/country,,,,BWA,456d621e2,484f9a4b2,0.html (accessed 4 October 2008) UNICEF, (2001), Trafficking in Children for Sexual Purposes: An Analytical Review UNICEF, (2001:5), Trafficking in Children for Sexual Purposes: An Analytical Review Unicef, (2005), Combatting Child Trafficking Unicef, (2005:12), Combatting http://www2.ohchr.org/english/law/crc.htm#art35

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Van Schalkwyk, Surika “Sex tourism takes hold in South Africa” Mail&Guardian Oct 31 2007 http://www.mg.co.za/article/2007-10-31-sex-tourism-takes-hold-in-south-africa Vawda, Cati, (Children's Rights Centre), “Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September 2008) Ward, Cathy, (HSRC), “Situation of children in the Western Cape”, (Cape Town, 12 August 2008) Wasser, Gaynor, Anti Crime Forum, Johannesburg workshop 28 August 2008 Zamnet Daily Mail “Human Trafficking worries network”, http://www.zamnet.zm/newsys/news/viewnews.cgi?category=10&id=1208164987 (accessed on Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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4/8/08) Zamnet, 2008. “Human Trafficking worries network”, http://www.zamnet.zm/newsys/news/viewnews.cgi?category=10&id=1208164987 (accessed on 4/8/08) Zwane, Simangaliso “We've Got 2010 Covered: Sa Police” 20 August 2008 Gateway: Http://Www.Southafrica.Info/2010/Safety-200808.Htm

Southafrica.Info

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Annex 1 Stakeholders consulted in Consultative Forums and followup consultation

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Molo Songololo Stakeholders targeted through consultative forums Workshop

Cape Town

Tshwane

Johannesburg

Durban

Nelspruit

Polokwane

Date

12 August

27 August

28 August

11 September

17 September

2 October

Participants

Speakers

HSRC Cathy Ward, - Situation of children in Western Cape

HSRC Prof Vasu Reddy, Gender & Development Overview of Abuse, Exploitation & Trafficking of Children in SA

FPB Goodness Dlamini - Risk children face with Technology

Children’s Rights Centre Cati Vawda Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal

Amazing Grace the Mpulimo task team Vusi Ndukuya An overview of children : trafficking for purposes of child labour

Childline Priscilla Molaudzi, Overview of Children in Limpopo

CoCT Host City Unit Ms. Pam Naidoo - City of Cape Town 2010 WSC Operations SAPS Director Jacobs - 2010 WSC Security Plan

CoT 2010Unit G. Nkwane – City of Tshwane COE. 2010 WSC Operational Plan of Host City Tshwane

SAPS Dir. Gibson SAPS 2010 WSC Security Plan –

Film and Publications Board Abiot Tjempe The Incidence and Impact of Non-Contact Sexual Abuse through the Internet and Cell phones

SAPS National Ass. Comm. Ben Groenewald - SAPS Security Plan for 2010 WSC

FPB Goodness Dlamini - Risk children face with Technology City of Nelspruit Differ Mogale, Host City Nelspruit 2010 WSC Operation Plan SAPS Dir. Gibson SAPS 2010 WSC Security Plan

Organisations represented:

Aids Legal Network Annex CDW Anti Crime Forum British Airways/Comair Cape Town Multi Service Centre

2010 Committee – Health & Social Dev

Amazing Grace Children’s Centre

CGE: Education & Legal Officer

Department of Justice & Constitutional Development

Commission for Gender Equality (CGE)

CGE: Officer

Catholic Bishops Conference City of Tshwane

Childline Gauteng Child Welfare South Africa

Childline SA Childline SA & KZN Children Rights Centre Commission on Gender

Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

FPB Goodness Dlamini - Risk for children – New Technology –, Polokwane 2010 UNIT Ndavhe Ramakulea - Host City Polokwane 2010 WSC Operation Plan SAPS Pretoria Director Gibson, -– SAPS 2010 WSC Security Plan –

Amazing Grace

Child Welfare SA

CGE

Childline

Child Welfare SA

Community Advice & Law Centre

Child Welfare SA Mpumalanga– Provincial Manager

FAMSA Film

&Publication

106

Molo Songololo Workshop

Cape Town

Tshwane

Cape Town Refugee Centre

Department Development

Catholic Office

Parliamentary

Liason

Social

Durban

Nelspruit

Polokwane

Department of Social Development

Equality

Child Welfare SA Witrivier

Board

Film & Publication Board (FPB)

Dept of Labour

Chain

Johannesburg

Dept Social Service

G PAC

Children Resource Centre

FAIR

Legal Resource Centre

Children's Institute

Fair Trade in Tourism South Africa

Molo Songololo

City of Cape Town’s Department Social Development (Western Cape & Cape Town) Commission on Gender Equality CPMC Department of Community Safety Dept of Education

HSRC

SANTAC (twilight)

IOM

SAPS

Lerato House Principal State Law Adviser; Dept. of Justice and Constitutional Development SAPS

Dept.of Labour

Orlando Children’s Home

SITHABILE child & youth care South African Local Government Association Tlhabiseng Thuthusela CC

Director 2010 Operations

SAPS; Directorate Gender Based Violence

ELRU

Save the Children UK

FCS (Cape Town, Belville, Delft, Nyanga)

TASC Chairperson

Westrand District Municipality

The Presidency

Women Against Child Abuse

Tshwane COT ICD

WCCA

Film and Publication Board Gender Advocacy Program HCI Foundation

Tshwane Foundation

HSRC

World Hope South Africa

VIA Foundation; Visionaries i9n Africa

Leadership

Institute for Security Studies International Migration

Organisation

Dept of Social Development Dept of Health: Project 2010 Co - Ordinator Dept of Justice & Constitutional Development Film and Publication Board ICARE IOM KZN Dept of Community Safety & Liaison. Lawyers for Human Rights Legal Aid Board Legal Resource Centre Mennonite Central Committee Natal Women Resource Centre NPA Organize Crime Port Shepstone Organised Crime Unit Provincial Organised Crime Public Protector

for

International Social Services Lawyers for Human Rights Leadership Conf. of Consecrated Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

Child Welfare SA Witrivier Childline Mpumalanga

Commission on Gender Equality– Education Officer Family Advocate: Family Counselor FPB Legal Aid Board MAJC

ORC PASPWA Polokwane of Safety

Place

Polokwane Welfare Complet SAPS Pretoria, Prov. Soc.Crime, Polokwane, Swartwater SAPS Tzaneen

FCS

Nkomazi Comm.Advice Office Office on the Family Advocate Office on the Rights of the Child SACC

SAPS FCS

SALGA Mpumalanga

Streetwise

2010

NICRO

SAPS South African Human Rights Commission

Makhado FCS Men’s Forum MUNNA NDI NNYI

City of Nelspruit

Mbombela Unit

Lawyers for Human Rights

SAPS Pretoria SAPS

-Provincial

107

Molo Songololo Workshop

Cape Town

Tshwane

Johannesburg

Durban

Nelspruit

Legal Resource Centre

Union of Refugee Women: Children’s Care Centre

Communications officer.

LifeLine/Childline

Youth for Christ

SAPS -Provincial Organized Crime

Life SA

Ons Plek Parents Centre

The Army

Polokwane

Salvation

Rape Crisis Cape Town Trust Safeline SAPS Triangle Project U.S. Consulate Western Cape Street Children’s Forum

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Follow-up telephonic and email consultation with key role-players identified during the consultative forum process included the following stakeholders. Stakeholders targeted through follow-up email and telephonic consultation Organisation

Stakeholder

Method of Consultation

Child Welfare Gauteng

Marihet Infantino

Telephonic interview

Childline Gauteng

Annette Brokensha -

Telephonic Interview

Department of Home Affairs

Henry Madalane

Emailed questionnaire. Attempted to contact but not available. Uncertainty about appropriate contact person.

Department of Services Tshwane

Musa Mbere/ Gyan Dwarika/ Stephanie Scholtz

Emailed questionnaire received

DSD Cape Town

Shirley Davies

Emailed questionnaire received

FIFA Officer

Delia Fisher

Emailed questionnaire, confirmed receipt. Awaiting response.

Rebecca Pursell

Email Questionnaire received

South Africa Local Organising Committee

Richard Mkholo

Emailed questionnaire, confirmed receipt. Response promised by 24 October. No response received.

NPA - National Task Team Chair Person

Adv Nolwandle Qaba

Email Questionnaire received

Organised Crime Unit, Trafficking in Human Beings

Supt Wilhelmina Molala

Emailed questionnaire, confirmed receipt. Awaiting response.

Ports of Entry

Supt Coetzer

Questionnaire directed to Beitbridge land border, Oliver Thambo Airport and Durban Harbour. Email response received

SAPS - FCS Units

Commissioner Lalla

Emailed questionnaire, confirmed receipt. Awaiting response

SAPS - responsible for 2010 Security

Commissioner Pruis

Emailed questionnaire, confirmed receipt. Awaiting response

SAPS FCS

Supt. Int. Sonia Harry

Emailed questionnaire and follow-up telephonic interview

WCSTF

Paul Hooper

Emailed questionnaire received

Social

Communications

Khulisa Services

Management

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Annex 2

Research into trafficking in children

Research into trafficking in children Key research studies

A handful of research studies into the problem of trafficking have been conducted and these have highlighted some of the trends and patterns in the field of child trafficking. These include: 

A study conducted by Molo Songololo in 2000 into the trafficking in Children for Purposes of Sexual Exploitation 304



A study conducted by ECPAT in Southern Africa in 2001 which explored focused on the commercial sexual exploitation of children 305



Research commissioned by Terre des Homes into children in domestic service in 2002 which was limited to the Western Cape region of South Africa 306



A study conducted by the International Organisation for Migration entitle “Sex, Slavery and Seduction: Trafficking in Women and Children in Southern Africa”, (Pretoria, 2003)



A study conducted in 2005 by Molo Songololo and the United Nations Office on Drugs and Crime into trafficking in children which focused on the Western Cape region of South Africa307

For the purposes of this report, the findings of three of these studies will be discussed in more detail below. Trafficking in Children for Purposes of Sexual Exploitation – South Africa conducted by Molo Songololo (Cape Town, 2000)

The focus of this study was to deepen understanding around what accounts for the increase in child prostitution. Its aim was to establish the key causal factors for trafficking in children to gain a picture of the nature of trafficking and the operations involved. The following key findings were highlighted: 

Trafficking in children in South Africa is predominantly an in-country phenomenon with girl children being the primary targets, although boy children have also been identified as victims.

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Traffickers in South Africa are predominantly locals with the primary traffickers being parents and local gangs.

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With regard to the cross-border trafficking of children, traffickers have been identified as foreign.

304

“Trafficking in Children for Purposes of Sexual Exploitation – South Africa” , Molo Songolo(Cape Town, 2000)

305

“The Commercial Sexual Exploitation of Children in Southern Africa”, ECPAT, 2001

306

Koen, K. and Van Vuuren, B. “Children in Domestic Service: The Case of the Western Cape conducted, (Terre des homes -

Switzerland, Basel, 2002) 307

“Trafficking in Children in the Western Cape”, Molo Songololo and United Nations Office on Drugs and Crime, (Cape Town,

2005) Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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The supply and demand factors that give rise to the increase in the phenomenon lie primarily in the economic situation in South Africa. This, together with related phenonomena such as breakdown in extended nuclear families place children at risk. Demand for sex with children and demand for children as cheap labour are also primary causes.

Sex, Slavery and Seduction: Trafficking in Women and Children in Southern Africa conducted by International Organisation for Migration (Pretoria, 2003)

This study conducted research into the trafficking of women and children for sexual exploitation in Southern Africa. Besides uncovering nine distinct patterns of trafficking activity308, it also made a number of general findings. The patterns of trafficking include the following: 

Women seeking refugee status in South Africa from other African countries are trafficked by refugees already living there.

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Children from Lesotho are trafficked into South African

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Mozambican girls and young women are trafficked into Johannesburg and the West Rand – an estimated 1000 Mozambican victims are recruited annually.

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Young women from Malawi are trafficked to Europe

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Young boys and girls from Malawi are trafficked to Europe

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Women and girls from Malawi are trafficked overland to South Africa

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women are trafficked from Thailand to South Africa

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women from China are trafficked to South Africa

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Eastern European women are trafficked to South Africa

All of these women and children become victims of sexual exploitation. The findings most relevant for this study include the following:

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Trafficking in women and children for sexual exploitation is a significant problem in Southern Africa.

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South Africa is both a transit country and destination country for trafficking activities in the region.

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When identified by police in South Africa victims of trafficking are deported as illegal immigrants.

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Victims are afraid of law enforcement and do not trust the police to assist them.

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South Africa has no public services specifically designed to assist victims of trafficking.

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The absence of specific legislation criminalising trafficking in persons in Southern Africa remains an obstacle preventing police and prosecutors from investigating and charging the perpetrators.

For more details refer to chapter 9 of the study

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Molo Songololo and United Nations Office on Drugs and Crime: Trafficking in Children in the Western Cape, (Cape Town, 2005)

This exploratory study focused primarily on trafficking in children for labour purposes and its geographical focus was the Western Cape. The principal findings are as follows: 

Trafficking in children from rural areas to the city occur primarily for purposes of labour exploitation and child domestic labour in particular

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Knowledge of what constitutes trafficking in children is generally low

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Practices of trafficking in children are integrated into especially rural communities to such an extent that it is only recently that some people view it as an essentially harmful practice

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Recruiters and those who transport children are known to members of the community of origin and in some instances have been operating for years

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Child victims of trafficking are often unaware of the exploitation and abuse that awaits them, but use the opportunity for work in the city as a life-strategy and view migration as such; an opportunity to earn money, provide for themselves, and or for their families back home

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Service providers are generally more concerned with children’s vulnerability to harmful and exploitative situations, especially child sexual abuse and trafficking in children is not yet a priority on their intervention agendas

Gaps in research

The studies mentioned above have contributed significantly towards improving our understanding of the mechanisms, trends and patterns in the field of trafficking. However, research in the field of trafficking in South Africa remains limited in scope and scale and cannot be used reliably to estimate prevalence. Some of the reasons given for this include: the data is based on information gathered from relatively small numbers, the information is often collected by organizations for advocacy and funding purposes and the studies may lack conceptual clarity with a limited uncritical analysis of figures.309 As mentioned previously, there is a need for in-depth research in order to develop a full picture of the problem of trafficking in South Africa and this has been called for by stakeholders in the field. This is supported by a research study conducted by UNESCO (2005) into best practices to counter human trafficking in Africa. It found that the development of a comprehensive action plan for addressing the different dimensions of the problem is a difficult task because many aspects of the phenomenon remain poorly understood. Information about the magnitude of the problem is also limited and this will remain a problem because of the difficulty in monitoring and measuring it. At the same time, there are a wide range of actions and outcomes covered by the term “trafficking” (including recruitment, transportation, harbouring, transfer and receipt). For this reason, the existing body of knowledge about human trafficking serves to raise public consciousness about the issue, but remains insufficient to lend support to a more comprehensive action programme.310

309

Pharaoh, R. (2006), Getting to Grips with Trafficking: Reflections on Research in South Africa, ISS

310

Truong, T. and M. Belen Angeles, 2005, "Searching for Best Practices to Counter Human Trafficking in Africa: A Focus on

Women and Children", UNESCO Rapid Assessment of impact of 2010 FWC on abuse, exploitation and trafficking of children, 2008

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Annex 3

Statistics pointing to vulnerability

Department of Social Development According to Shirley Davis of the Department of Social Development in Cape Town, 694 children were registered on the Cape Town child protection register for the period 1 January 2007 to 31 December 2007. These statistics covers the number of reported cases of child abuse and deliberate neglect of children. Unfortunately this information is not disaggregated to indicate child trafficking. Since 2004 to date there are 6876 children registered. The statistics does not indicate a spike in numbers during major events. This information might not be meaningful since our record keeping is not yet accurate.311 Childline: While Childline’s crisis line does not delineate child trafficking, Annette Brokensha of Childline Gauteng noted that the phenomenon is clearly on the increase from anecdotal experience in all Childline projects. This is very difficult to quantify, but an estimate from the Sunlight Safehouse project is that about 10 of the 400 children per year provided care by the project are trafficking and commercial sex victims. Records312 from the Childline call centre that indicate children’s vulnerability, which are noted to be completely underreported, include: 

Commercial exploitation - 21 calls



Dom child labour - 71

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Farm labour - 8

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General labour - 49

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Pornography - 13

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Begging 27

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Children used for crim activity - 18

Child Welfare SA (2003 - awaiting more recent info) 

Commercial sexual exploitation 78 children involved in commercial sexual exploitation in 2003. Only 27 children were reported in 2002 and this indicates an increase of 65%.



Physically abused 3226 physically abused children dealt with on a monthly basis. A test sample indicated that o An equal number of males and females were physically abused. o 35% of the children were between 11-15 years of age, 28% between 0-5, 27% between 6-10 and 10% were between 16-18. o In 81% of the cases the mother was responsible for the physical abuse. The father or both parents as perpetrators follow this.



Sexually abused children 4526 sexually abused children dealt with on a monthly basis. A test sample indicated that

311

Shirley Davis, Department of Social Development Cape Town - email response to questionnaire, September 2008

312

Childline Reported calls Nationally from Jan 2007 - December 2007

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o 89% of all sexually abused children were female. o 30% of the children were between 11-15 years of age, 27% between 0-5, 25% between 6-10 and 18% between 16-18. o In most cases the family i.e. the father, mother, parents, uncle, stepfather, grandfather, sibling, cousin or other extended family members were responsible for the abuse. Unknown persons follow this. 

Street Children 475 street children during 2003.



Orphaned children During 2002 there were 4 827 orphaned children on Child Welfare workloads. This increased to 5 690 for 2003, an increase of 18%.



Abandoned children More than 8 159 abandoned children. New cases of abandoned children increased with 39% when compared with 4 568 in 2002. A test sample indicated that o 54% of the children were female o 57% of the children were younger than 23 months o 23% were one month old when abandoned o 2% were identified as being HIV+ o In 73% of the cases the mother was responsible for the abandonment and in 22% both parents o In most cases children were abandoned in the care of grandparents or family members. Other places included child welfare offices, childrenâ€™s home, clinics, hospitals, friends, neighbours, with strangers, on the street, at a taxi rank, in deserted areas or with the biological father.

Statistics on child labour which give a picture of the extent of child exploitation in South Africa was shared313:

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

36% of children are doing at least 3 hours of economic work per week, or less than 5 hours per week of school related work, or less than 7 hours per week doing household chores

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12.5% of children work less than 12 hours per week doing economic activities, less than 14 hours per week doing household chores, or less than 12 hours doing school-related activities

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59 % of children working said they worked to help their family



Children working less than 16 hours per week (economic and non-economic activities) were more likely to miss school

Cati Vawda,(Children's Rights Centre), “Kicking off for 2010: Soccer knock-ons for children’s rights – focus on Kwazulu Natal”, (Durban: 11 September

2008)

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Annex 4 South African Borders Map

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Annex 5 South African Railway routes Map

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