Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 3(a) and 7(1) of the Convention. Trafficking of children and penalties. The Committee previously noted that the Children’s Act came into force on 1 April 2010 and prohibited the trafficking of children. It also noted that, in July 2013, the President approved the Prevention and Combating of Trafficking in Persons Act (PCTP Act), while its operationalization was dependent on regulations that were required to be made by a number of concerned departments, such as the Department of Home Affairs.

The Committee notes the Government’s indication in its report that, the provincial departments of social development (DSD) faces challenges in reporting to the Children’s Act reporting matrix and the National Child Protection Register. As a result, statistics are not available on the nature of violations reported and investigated by the DSD. The Committee also notes that, the PCTP Act came into operation on 9 August 2015, and certain transitional provisions in the Criminal Law (Sexual Offences and Related Matters), Amendment Act 32 (section 71 criminalizes trafficking in persons for sexual exploitation) and the Children’s Act (section 284 criminalizes trafficking of children for any form of exploitation), were used to charge offenders for trafficking in persons. The Committee further notes that six cases were finalized, and perpetrators received sentences from ten years to life imprisonment, while 15 other cases are pending before courts. The Committee requests the Government to continue providing information on the application in practice of the PCTP Act and of the Children’s Act, particularly by providing statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions imposed in cases of trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. Child victims of trafficking. The Committee previously noted the Government’s indication that a matrix of indicator was developed and used for the implementation of the Children’s Act, and 26 (15 boys and 11 girls) child victims of trafficking for sexual exploitation, forced labour, serfdom or street begging, were admitted to child and youth care centres (CYCC). The Committee also noted that the PCTP Act provided for the protection of victims of trafficking and for the provision of assistance.

The Committee notes the Government’s information that sections 150, 151, 156 and 158 of the Children’s Act provide for the identification of a child in need of care and protection by social workers and social service practitioners, as well as for the placement of concerned children in temporary safe care by court order or in a CYCC. The Committee also notes that sections 286, 289 and 290 of the Children’s Act have been repealed and incorporated in section 18 of the PCTP Act regarding the reporting of and dealing with child victims of trafficking. Other sections also cover the provision of healthcare services to a foreign victim (section 21), the repatriation of a child victim (section 31), the escorting of a child victim (section 35), trafficking of a child by parents, guardians and other persons who have parental rights and responsibilities (section 36), and an annual report on abuse or deliberate neglect of a child and findings by a Children’s Court that a child is in need of care and protection (section 39). The International Social Services (ISS) unit within the national DSD coordinates the repatriation of child victims, including the determination of favourable family circumstances and the escorting by an adult at State expense. The Committee encourages the Government to continue pursuing its efforts to provide assistance to child victims of trafficking, and requests it to provide information on the number of such victims, both internal and transborder, who have benefited from rehabilitation and social integration measures pursuant to related provisions of the Children’s Act and of the PCTP Act.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee previously noted that the Government undertook system-wide reforms over the last decade to improve the availability of and accessibility to education, and that the data showed improvements in primary school enrolment rates, school attendance rates, the retention rates for the full compulsory period of education and the drop-out rates. However, the Committee notes with regret that the Government has not provided any information in this regard. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to ensure access to free basic education for all children. The Committee urges the Government to provide information on the concrete measures taken in this regard, and their impact on increasing school enrolment rates and reducing the number of out-of-school children and drop-out rates.