Department of Social Development & provincial departments (DrSD)

(5) Areas where children spend long hours in subsistence agriculture should be one of the criteria for targeting poverty alleviation initiatives. Lead institution: DrSD. Secondary institutions: NPA, DTI. New policy? Elaboration of existing policy. Once off cost: minimal (identification of such areas). Recurrent cost: moderate. Time line: within four years of adoption of policy. ILO funding: cover once off costs.

(6) The Department of Labour should, at regular intervals (for example, every three years), assess all relevant public sector policies and programmes for their impact on child labour and the contribution they could make to the elimination of child labour. This assessment should be done so as to coincide with the report on the results of the child labour module to be run by StatsSA as part of the Labour Force Survey. Lead institution: DL; Secondary institution: StatsSA, (statistical module), DSD, DJ, (each regarding their own line function). New policy? Yes. Once off cost: minimal. Recurrent cost: moderate three-yearly. Time line: first expenditure in 2004. ILO funding: to cover once off costs.

(12) The most appropriate child-related grant regarding children affected by HIV/Aids is an extended Child Support Grant (CSG). De-emphasise the provision of the foster care grant (FCG) in favour of the CSG. While the CSG is a smaller grant it is better in other ways, at least for children affected by HIV/AIDS, for example in that it is allocated to the child rather than the guardian and that it is procedurally much easier to access. Also, the foster care grant takes an inordinate amount of state officials' time to approve and administer. At present the FCG tends to go to the less poor. Lead institution: DSD*. New policy? Elaboration of existing policy. Recurrent cost of elaboration: moderate. Significant saving when compared with provision of Foster Care Grant (FCG) to children affected by HIV/Aids. Time line: Phased introduction.

(13) The extension of the CSG to children up to the end of the school year in which they turn 15 years. The current age cut-off of 14 years does not align with the period of compulsory schooling and the prohibition on employment of children, both extending up to the end of the school year in which a child turns 15. If this is not done children of very poor families are likely to leave school at 14 to work for the family income, or to work while attending schooling, affecting schooling negatively. Lead institution: DSD. Secondary institution : NT. New policy? Elaboration of existing policy. Recurrent cost: Significant, while potentially funded from savings in terms of step (12). Time line: 2006.

(14) In the medium term the extension of the CSG to those aged 16 and 17 years should be considered to encourage children to remain in school and to avoid children's engagement in hazardous work activities and other WFCL. This should follow an assessment of how effectively the CSG reaches the very poor. Lead institution: DSD. Secondary institution : NT. New policy? Elaboration of existing policy. Recurrent cost: Significant, while potentially funded to some extent from savings in terms of step (12). Time line: 2008.

(15) A serious problem with the CSG is that birth certificates and ID documents are required to access the grant. Ways need to be found urgently around this problem while limiting the scope for corruption, as it is children and their caregivers in rural and poorer areas who usually lack this documentation. Lead institution: DHA*. Secondary institution: DrSD*. New policy? Elaboration of existing policy. Recurrent cost: Costs depend on solution, but probably moderate recurrent costs. Time line: within one year of adoption of policy.

(17) The requirements for reporting worst forms of child labour in existing law should be assessed to ensure that government agencies servicing children must report potentially serious cases of child labour, including trafficking, to the appropriate institution. This should be coupled with training of officials in these agencies on what to look out for. Lead institution: DSD. Affected departments: DH, DrSD, DL, DrE, DHA. New policy? Yes. Once off costs: moderate. Recurrent cost: moderate. Time line: To be introduced within two years of adoption of policy.

(20) The national public awareness campaign should highlight trafficking of children, and should in this respect be aimed at a range of audiences, including children, parents, teachers, perpetrators and intermediaries involved in trafficking, and the general public. Lead institution: DSD*. Secondary institutions: BSA, DC, DE, DSD, DL and SAPS. Costs and time line: see (18).

(25) Organisations running help lines, including a labour (e-governance line) call centre, should be informed fully about child labour issues, including trafficking and CSEC, through appropriate training materials and operations manuals. Lead institution: DL*. Secondary institutions: Organisations running help lines, NGOs, DSD. New policy? Yes. Once off costs: minimal. Recurrent cost: nil. Time line: To be introduced within one year of adoption of policy. ILO funding: to cover once off cost.

(26) The quality and content of training on the prevention of trafficking, prosecution of traffickers and protecting the rights of victims, including and especially child victims for law enforcement personnel, immigration and customs officials, prosecutors and judges, as well as other relevant officials and non-governmental stakeholders must be improved. Lead institution: DSD. Secondary institutions: DJ, DNP, SAPS, DHA, DrSD (by addressing trafficking and child labour more generally in their training materials programmes). New policy? Yes. Once off cost: moderate. Recurrent cost: moderate. Time line: within two years of adoption of policy. ILO funding: to cover costs within the first two years; and to review basic training material used by SAPS re dealing with Child Victims also address the position of child victims of trafficking.

(27) Officials of DrSD, DH, DL, DrE and DHA should be trained in ways of detecting other potentially serious cases of child labour and what action to take when it is found. Lead institution: DSD. Affected departments: DH, DrSD, DL, DrE, DHA. New policy? Yes. Once off costs: moderate. Recurrent cost: moderate. Time line: To be introduced within two years of adoption of policy.

(31) Develop training materials for officials and NGOs that are likely to come into contact with 15-17 year olds involved in hazardous work or other WFCL, regarding alternative employment options for them. See also (111). Lead institution: DL. Secondary institution: DrSD. New policy? Elaboration of existing policy. Once off cost: moderate. Recurrent cost: minimal. Time line: within two years of adoption of policy. ILO funding: to cover once off costs.

(32) Appropriate strategies should be found for provision of childcare facilities, especially in sectors and areas where children often have to look after their younger siblings, with a focus on rural poor. The Early Childhood Development (ECD) Programme of the Department of Education aims to provide such facilities for Grade 0/R children for the last year before school. However, effective provincial implementation of this programme must be speeded up and supported financially. Workplace-based child-care facilities should be encouraged. Lead institution: DSD*. Secondary institutions: DrE (grade 0/R), DL (workplace-based provision), LG (regarding crèche facilities funded or provided by local authorities). New policy? Elaboration of existing policy. Recurrent cost: moderate to substantial. Time line: To be introduced within three year of adoption of policy. Note: The feasibility of a government programme to fund or provide ECD services is being assessed in the context of a chapter on this issue in the Children's Bill. This action step must be amended in accordance with the decision regarding that chapter.

(33) Design and implement minor amendments to existing information management systems to record all steps taken in key areas of a child labour policy (e.g. details regarding child labour inspections, steps taken by departments responsible for social development of children, etc). This system would allow the DL to monitor progress in identifying areas of concern and evaluating targeted programmes or actions AND to track children removed from child labour to ensure that their welfare is attended to adequately. Where such systems do not exist, the first step is the design of such a system. Lead institution: DL (labour steps and overall coordination); DrSD* (welfare steps); DrE (education-related steps); SAPS and NProsAuth* (investigation and prosecution of CL-related crimes; use of children to commit illegal activities); DHA (refugee children and illegal immigrant children). New policy? Yes. Once-off cost of adjustments of current information management systems: moderate. Recurrent cost: minimal. Time line: to be introduced as soon as possible after adoption of policy. ILO funding: to cover once-off cost.

(44) The DFA, together with SAPS (through SARPCO (SA Regional Police Chiefs’ Coordinating Committee) where SADC police counterparts discuss issues of mutual operational concern) and the Victim Empowerment Programme of the DSD and NProsAuth (SOCA), should use existing mechanisms that provide regular contact with relevant stakeholders in other countries in the region is to deal with trafficking operations and victim assistance. Lead institution: DFA. Secondary institutions: SAPS*, DSD, NProsAuth*. New policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost: minimal. Time line: within one year of adoption of policy.’

(45) NProsAuth should take responsibility for a process of agreeing to standard procedures within the region for the extradition of traffickers for prosecution. Lead institution: NProsAuth*. Secondary institutions: DJ*, DHA, DSD* and DFA. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within two years of adoption of policy.

(46) DSD should be responsible for ensuring the adoption of regional and bi-lateral agreements aimed at preventing trafficking, protecting the rights and dignity of trafficked persons, and addressing other appropriate policy recommendations. Lead institution: DSD*. Secondary institutions: DFA, DHA*. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within three years of adoption of policy.

(47) DSD should review its strategy on repatriation of victims of trafficking, including provision of appropriate reception and care centres. For example, provision of shelter and assistance should not be contingent on the willingness of victims to give evidence in criminal proceedings. Lead institution: DSD*. Secondary institutions: SAPS*, DFA, DHA*, NProsAuth*, relevant NGOs: New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: moderate. Time line: within four years of adoption of policy.

(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.

(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.

(54) Developing a more reliable database on CSEC of children in South Africa. The SAYP could not identify the number of children involved in child prostitution and other forms of CSEC. Prostitution and other forms of CSEC are notoriously difficult to research, but more reliable information is needed if CSEC, including trafficking of children with the purpose of prostituting them, is to be addressed in a meaningful way. Lead institution: DSD. Secondary institutions: SAPS*, NGOs. New policy? Elaboration of existing policy. Once off cost: moderate. Recurrent cost: minimal. Time line: within three years of adoption of policy. ILO funding: to cover costs related to the modifications of existing databases to reflect more reliable information on CSEC cases.

(55) Designing pilot programmes to address CSEC, based on the experiences of other countries within the ILO-IPEC programme. Differences between countries and replicability would need to be borne in mind, as well as the sustainability of programmes once external assistance ended. Lead institution: DSD*. Secondary institutions: SAPS*, DJ*, NProsAuth*. New policy? Yes.Elaboration of existing policy Once off cost: moderate. Recurrent cost: moderate, possibly funded indefinitely by donors. Time line: within 2 years of adoption of policy. ILO funding: to cover the design of the pilot programme as well as rendering expert support.

(57) Where children commit crimes, the diversion of such child offenders away for prison (including community service) should be the preferred option for children. Where appropriate, prosecution of a child should be converted to a children's court inquiry, after conviction.Lead institution: DJ*. Secondary institutions: DSD* (assistance with diversion), NProsAuth* (prosecution of those behind children, and diversion programmes), SAPS (identification of those using children who are in conflict with the law, and investigation of cases against them) and DCS. New policy? Policy proposed in the Child Justice Bill, but not yet finally adopted. Once off cost: moderate, but already costed through the Child Justice Bill process. Recurrent cost: Moderate. It should eventually ease spending pressure on SAPS, by the imprisonment of the perpetrators behind the children in conflict with the law. The effect of diversion programmes should be to ease the strain on the budget of DCS. In due course therefore moderate to significant saving, if effective, as costed in the Child Justice Bill process. Time line: within one year of adoption of policy.

(58) Formal education or vocational training should be offered to all children whose sentence involves deprivation of liberty, including those held while awaiting trail. In terms of existing policy education and training is seen as a form of rehabilitation. DE has already embarked on curriculum development and conversion of facilities for children. Lead institution: DrE. Secondary institutions: DCS*, DSD*. New policy? Yes, regarding children awaiting trial. No, regarding children convicted and held in custody. Once off cost: Moderate. Recurrent cost: significant. Time line: within two years of adoption of policy.

(59) Authorities holding children in custody should be allowed to continue requiring of them to work. Work is preferable to children being bored and feeling useless. However, policy should be formulated on when children deprived of their liberty may be required to work, and when such work should be remunerated. This policy should be in line with national and international protective laws on children. Lead institution: DCS (prisons), DrE (reform schools). Secondary institutions: DSD. New policy? Yes. Once off cost: minimal. Recurrent cost: minimal. Time line: within two years of adoption of policy.

(60) DPLG and sector departments, which already help local governments with insufficient capacity to draft IDPs, should assist them in the prioritisation of basic infrastructure services for areas where the most dire need is felt. Lead institution: DPLG. Secondary institutions: LG (implementation); DWAF* (basic water services); DME (basic energy services) New policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost: minimal. Time line: within one year of adoption of policy.

(68) The DL should set guidelines for acceptable kinds of household chores, and reasonable amounts of time children should spend on them. Guidelines should make it clear that children learn and benefit from a moderate amount of chores, provided the tasks are age appropriate and fairly distributed between household members. This approach is in line with the African Charter's provision stating that children have responsibilities towards their families. Lead institution: DL. Secondary institutions: DrSD*, NPA. New policy? Yes. Once off cost: minimal. Time line: to be done within two years of adoption of policy

(83) Research should be done regarding children involved in scavenging and recycling to determine the extent of the problem and possible solutions or good practices models. Lead institution: DSD; Secondary institutions: RI, DL, NGOs. New policy? Yes. Once off cost: minimal. Recurrent cost: nil. Time line: to be done within one year of adoption of policy. ILO funding: cost to be covered under ILO funding.

(86) Consultation aimed at identifying appropriate action should be held with urban local authorities, with organisations working with street children and others. Lead institution: DrSD; Secondary institution: DPLG, LG. New policy? Yes. Once off cost: minimal. Recurrent cost: cost depends on proposed solution. Time line: To be done within one year of adoption of policy.

(88) The principal of a school should be given the responsibility to identify children who are frequently absent from school and in need of care and protection, assist them in returning to school, and give their names and addresses to the provincial head of social development. At the same time a clearer policy and better implementation of monitoring of absenteeism as a way of addressing child labour should be developed. Lead institution: DrE; Secondary institution: DrSD. New policy? Yes. One of cost: minimal. Recurrent cost: minimal. Time line: To be done within one year of adoption of policy. (see (16)) ILO funding: to be used for the development of a better monitoring system of absenteeism as well as for a pilot programme.

(101)Draw up guidelines for subsistence agriculture the kinds of farm work that are appropriate for children, those that are not, and what potential hazards exist in the work and how it can be avoided – ie addressing the same factors as in (100). Lead institution: DL. Secondary institutions: DA, DrSD; Trade Unions. New policy? Yes. Once off cost: moderate. Recurrent cost: moderate. Time line: within three years of adoption of policy.

(102) Training children, parents, teachers, trade unions and employers on (a) occupational safety and health, including regulations issued in terms of (100), children's rights and general resources available, and (b) also training subsistence farmers on the hazards of subsistence farming, and the guidelines drawn up in terms of (101). Lead institution: DL; Secondary institutions: DE, DSD, DH and NGOs. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal to moderate. ILO funding: cover the cost of developing a strategy and the necessary material. Time line: within three years of adoption of policy.

(103) Removing children from hazardous work and providing counselling and skills training to facilitate reintegration in family life and make alternative productive employment possible in the long term. While DL can identify instances where children need to be removed from work situations, departments responsible for Social Development would handle the actual removal and facilitate reintegration of the child into family life. Lead institution: DL. Secondary institutions: DSD. New policy? Elaboration of existing policy. Once off cost: moderate. Recurrent cost: moderate. Time line: within four years of adoption of policy.

(111) Drawing on international research, do research, formulate regulations, address issues of inspections and develop alternative employment options for 15-17 year olds involved in hazardous work or other WFCL. Also see (31). Lead institution: DL. Secondary institutions: DrSD. New policy? Yes. Once off cost: moderate. Recurrent cost: minimal. Time line: within three years of adoption of policy.’ ILO funding: to cover once off costs.

(112) Labour inspectors tasked with occupational health and safety inspections should review this list. They should also identify, in view of the types of work children do in South Africa, and from international literature, what further research is necessary to fully understand potential hazards that may potentially be defined as a worst form of child labour. Lead institution: DL.. New policy? Elaboration of existing policy. Once off cost: minima. Recurrent cost: minimal. Time line: within two years of adoption of policy. ILO funding: to cover once off costs.

(117) Research should be done to determine the extent of child-headed households and AIDS orphans, and the effect that HIV/AIDS is likely to have on child labour, and to make recommendations regarding appropriate action. Lead institution: DSD; Secondary institutions: DL, DH*. New policy? Regarding child labour and child-headed households – elaboration of existing policy. Once-off cost: moderate. ILO funding: full research costs. Time line: to start within two years of adoption of policy.

(118) The growing number of home-based care programmes could play a role in terms of children affected by HIV/AIDS. Fieldworkers for all home-based care programmes need to be trained to recognise the problems children face in HIV/AIDS-affected households, and link them up with the necessary assistance services. Government must find ways to work together with and support – financially and otherwise – the full range of home-based programmes. Lead institution: DrSD*; Secondary institutions: DPLG, LG, DH, NGOs. New policy? Elaboration of existing policy. Once-off cost: moderate. Recurrent cost: moderate. Time line: to be introduced within one year of adoption of policy.

(126) Facilitating the reunification of children living in the street to their families or extended families, provided that circumstances would be caring. Lead institution: DrSD*. Secondary institution: LG. New Policy? Existing policy, although difficulties with implementation are sometimes experienced. Once off cost: nil. Recurrent cost: moderate, but forms part of existing budget. Time line: ongoing.

(127) Reintegration of street children through shelters and homes, with increased state support to such shelters. Lead institution: DrSD*. Secondary institution: NGOs. New Policy? Elaboration of existing policy. Once off cost: moderate. Recurrent cost: moderate. Time line: within two years of adoption of policy.

(129) Children working on the streets are also exposed to much higher levels of risk, ranging from violence against them, traffic accidents, exposure to drugs etc. Street children should therefore be prioritised for action. Lead institution: DrSD. Secondary institution: DL. New Policy? Elaboration of existing policy. Once off cost: moderate. Recurrent cost: moderate. Time line: within wo years of adoption of policy.

(130) A plan should be drafted for effective cooperation between DHA, SAPS, DH and the education departments, to ensure that child refugees are not arrested, are handled in accordance with existing laws and regulations, and are not denied access to school and health care services. Lead institution: DSD. Secondary institutions: DHA, SAPS, DrE, DH. New Policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within three years of adoption of policy. ILO funding: to cover research required to possible alternatives and costs related to the facilitation of a process leading to closer cooperation.