Commercial sexual exploitation of children

5.3Commercial sexual exploitation of children

Commercial Sexual Exploitation of children (CSEC) is defined as one of the Worst Forms of Child Labour in the relevant ILO Convention. It was suggested during consultation with various South African stakeholders that CSEC of children, as with the involvement of children in other illegal activities, should not be referred to as a form of child labour, but as a crime committed against children. This does not change the fact that children involved in CSEC need protection and assistance. There is an area of overlap between CSEC and trafficking in children and this section should therefore be read together with 5.2.

CSEC of children is a matter that requires priority attention, especially in the context of the HIV/AIDS pandemic and recent reports such as those of the International Organisation on Migration suggesting that trafficking of children and adults for sex is on the increase in South Africa and the region more broadly.

The government has engaged in some activity in the area of CSEC and other illegal activities. There has been a range of activities on the legal front, especially by the South African Law Reform Commission.

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  The National Prosecuting Authority is the lead institution that has been assigned the responsibility to coordinate work in government on CSEC.
  
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  Child prostitution is dealt with in the South African Law Reform Commission (SALRC) Report on Sexual Offences and the accompanying draft Bill on Sexual Offences – see 3.4. The thrust of the report’s recommendations is to decriminalise the child who is being prostituted, viewing the child as a victim while all other role-players involved in child prostitution, including perpetrators and complicit parents, are criminalized. This is a major departure from the current Sexual Offences Act, in terms of which children who are prostituted CSEC can be arrested for prostitution. Other important recommendations of the report are that living off or benefiting from the earnings of child prostitution should be penalised and sex tourism should be criminalized.
  
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  The Childrens' Bill has been submitted to Parliament in the latter half of 2003. This Bill is the responsibility of the Department of Social Development (DSD). An important element of the Bill is the shift from an exclusive focus on supporting children who have suffered abuse and neglect, to inclusion of provisions that aim to prevent abuse and neglect, and supporting families to care for their children. Cabinet requested extensive amendments to the draft, which aim is to make the Bill practical and implementable, and these issues are still being debated in Parliament and among stakeholders.
  
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  The Films and Publications Act prohibits child pornography and includes protection of children, in particular against exploitation or degradation in publications, films and on the Internet – see 3.4. The Department of Home Affairs (DHA) has spoken for some years about strengthening the Films and Publications Act, for example in respect of possession. However, the Act has not been amended yet. The SALRC had on its programme an investigation into pornography. However, this investigation has been put on hold given the fact that the Department of Home Affairs in the process of effecting amendments to the Films and Publications Act. In the SALRC Report on the Review of the Child Care Act, reference is made to child pornography on the Internet. The onus is placed on Internet Service Providers (ISPs) in South Africa to take all reasonable steps to block access to child pornography sites through their servers.
  

48. 
    Within DSD as lead department on CSEC, a senior staff member should be assigned to coordinate all CSEC-related activities of concerned departments and institutions. Lead institution: DSD*. New Policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost: minimal. Time line: within one year of adoption of policy.
    
49. 
    The dedicated courts on sexual offences established by the Sexual Offences and Community Affairs unit (SOCA) in the NProsAuth, should be responsible for prosecution of CSEC-related offences. Lead institution: NProsAuth*. Secondary institution: DJ*. New Policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost regarding ONLY this action step (as distinct from the existing policy to establish such courts): minimal. Time line: within two years of adoption of policy.
    
50. 
    The Children’s Bill, the Sexual Offences Bill and amendments to the Films and Publications Act should be dealt with and passed by Parliament urgently. Lead institutions: DSD* (Children's Bill); DJ* (Sexual Offences Bill); DHA (Films & Publications Act amendments). Secondary institution: NProsAuth*. New policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost: nil. Time line: within one year of adoption of policy.
    
51. 
    A National Policy Framework on CSEC should be drawn up, taking into consideration other legislation and practices, and to avoid duplication. Lead institution: DSD*. New policy? Elaboration of existing policy. Once off cost: minimal to moderate. Recurrent cost: minimal to moderate. Time line: within one year of adoption of policy.
    
52. 
    The DSD must fast-track particularly urgent elements of the National Policy Framework to give effect to the provisions of the Bill/Act, specifically on CSEC. Lead institution: DSD New policy? Elaboration of existing policy. Once off cost: minimal to moderate. Recurrent cost: minimal to moderate. Time line: within six months of adoption of policy.
    
53. 
    Coordinate assessment of the feasibility of the non-legislative action steps to address CSEC as proposed by the SALRC, and whether line departments agree to them, and facilitate agreement on responsibilities, actions and timeframes for implementation and monitoring arrangements. Some of these actions steps could be taken forward even before new legislation is promulgated. The steps are contained in the SALRC’s report at www.law.wits.ac.za/SALRC/SALRC.html. Lead institution: DJ*. Secondary institutions: NProsAuth*, SAPS*, DSD, NGOs, SALRC* (advising other institutions regarding its recommendations). New policy? Elaboration of existing policy. Once off cost: minimal to moderate. Recurrent cost: depending on what institutions agree to do. Time line: within one year of adoption of policy.