Child slavery / Trafficking

Based on The South African Professional Society on the Abuse of Children 10th
Annual National Conference on Child Abuse
•

Dr. Elzette Fritz

elzettef@uj.ac.za
21/05/2009
Child trafficking in SA

• According to the article “Unpacking South Africa‟s new

Children‟s Act” (2007:3), child trafficking has emerged
as one of South Africa‟s greatest challenges.
• Children are trafficked for reasons such as the sex
tourism industry, sexual exploitation, forced labour and
domestic servitude.
• According to the South African Police Bureau for
Missing Persons, on average 1500 children under the
age of 18 go missing every year in South Africa. No
research is available on the extent to which trafficking
plays a role in the missing children phenomenon.

Dr. Elzette Fritz 2

Section 288 of the Children‟s Act.

• This section deals with the reporting of a child who is a

victim of trafficking. The article states that an
immigration official, police official, social worker, social
service professional, medical practitioner or registered
nurse who comes into contact with a child who is a
victim of trafficking in the Republic must refer that child
to a designated social worker for investigation in terms
of section 289(1). This places a mandatory reporting
obligation on certain categories of persons.
• Teachers can be vital links in identifying children
involved in trafficking.
Dr. Elzette Fritz 3
Children‟s act

• The stipulations on Child Trafficking in the

Children's Act are not in force yet and can as
such not yet be used to protect trafficked
children.
• The Sexual Offences Amendment Act 32/2007
is currently in force and can be used, but
allows only for trafficked children who were
exploited for sexual purposes.

Dr. Elzette Fritz 4

Trafficking as defined in the
Children‟s act
• ‘Trafficking' includes the supply, recruitment, procurement, capture, removal, transportation,
transfer, harbouring, sale, disposal or receiving of a person, within or across the borders of the
Republic, by means of-
(i) a threat of harm;
(ii) the threat or use of force, intimidation or other forms
of coercion;
(iii) abduction;
(iv) fraud;
(v) deception or false pretences;
(vi) the abuse of power or of a position of vulnerability, to the
extent that the complainant is inhibited from indicating his or her unwillingness or resistance to
being trafficked, or unwillingness to participate in such an act; or
(vii) the giving or receiving of payments, compensation, rewards,
benefits or any other advantage,
• for the purpose of any form or manner of exploitation, grooming or abuse of a sexual nature of
such person, including the commission of any sexual offence or any offence of a sexual nature
in any other law against such person or performing any sexual act with such person, whether
committed in or outside the borders of the Republic, and 'trafficks' and 'trafficked' have a
corresponding meaning.

Dr. Elzette Fritz 5

According to the Children‟s Act

• (5) A person who has been trafficked is

not liable to stand trial for any criminal
offence, including any migration-related
offence, which was committed as a direct
result of being trafficked.

Dr. Elzette Fritz 6

2010 and Child trafficking

• Growing fear that the World cup could create a market for
trafficking in children.
• Children, especially young girls in puberty/early adolescents, are
lured with false promises, often by seemingly well-off males with
promises of a better life. The children are provided with cell-
phones, clothes, jewelry in a „courting‟ process. Once a trusting
relationship has been established, the girls are abducted,
introduced to alcohol and drugs and payment demanded in the
form of sexual service.
• Alternatively girls are invited to a party, provided with drinks that
are spiked, subsequently abducted and raped.
• Since the building of stadiums, trafficking hotspots have relocated
to be in closer proximity of the stadiums.

Dr. Elzette Fritz 7

South African children

• Silva (2007:5) explains that 1700 children go missing

in South Africa every year and about ten percent are
never found.
• Significant number of children in SA are deemed
vulnerable -2/3rd of children live in extreme poverty.
• Aids orphans are vulnerable, child headed
households, children struggling to survive.
• ¼ million of SA children are forced to work in domestic
contexts, prostitution, begging etc.

Dr. Elzette Fritz 8

The following may be used as possible indicators, either
singly or in combination with others, allowing for a valid
suspicion of trafficking:
(SAPSAC, 2009:Assessment tool for the Identification of a child
enslaved/trafficked. Pretoria)

1. Child is in company of an adult person who

• - is not the parent
• - has other children in his company
• - cannot produce a birth certificate or other identification document for the child
• - appears to have travelled extensively
• - has previously accompanied a child into or from the country
• - appears to exert undue influence or pressure or closeness.
2. Child is not accompanied by responsible adult and appears unwilling/unable to divulge information regards
place of origin, place of residence, school attendance, etc.
3. Child appears distrustful and emotionally blunted
4. Child presents with signs of physical abuse, exhaustion, inability to concentrate
5. Child possesses items of value in disparate proportion to what appears to be affordable given prevailing
circumstances
6. Child is often seen in company of older people or regularly in the company of a specific and significantly older
person
7. Child is seen to leave home at regular hours inappropriate for age
8. Child escapes from place of safety where placed
9. Child verbalises experiences inappropriate for age
10. Low self esteem, anger, self mutilating behaviour, suicidal
11. Retarded growth, malnutrition, drug dependency
12. Child with foreign nationality is enrolled in school, but family members cannot be contacted or the child is
removed after a short period
13. Chronic and unexplained absence from school.

Dr. Elzette Fritz 9

CONTACTS

• The South African Professional Society on the Abuse of Children

Tel/Fax 012 991 0718 sapsac@cybertrade.co.za / www.sapsac.co.za
• Child Welfare SA _ Ms Megan Briede 011 498 2888
• SAPTAC Trafficking hotline number 0800 555 999, supported by IOM
• Childline Tollfree nr 08000 555 55. childlinesa@iafrica.com / www.childlinesa.org.za
• Joan van Niekerk: National Coordinator - Childline South Africa
Telephone: +27 31 563 5718, Cellular telephone +27 83 303 8322, Fax: +27 86 519
2648 joanvn@iafrica.com
• Tinka Labuschage: Education Specialist, Gauteng Department of Education:
Tinka.Labuschagne@gauteng.gov.za
• Edith Kriel: Child trauma centre Email: edith@childtraumacentre.com
• Karen Hollely: Manager of the Institute for Child Witness Research and Training:
Email: childwitness@mweb.co.za
• Koto-Rammopo, Malebo: National Coordinator of the Human Trafficking Programme.
Programme Coordinating Unit, SOCA Unit – National Prosecuting Authority. Email:
mgkoturammopo@npa.gov.za

Dr. Elzette Fritz 10

Bibliography

• Silva, B. 2007. 2010 child trafficking concerns highlighted. 2007.

Daily News, 3 May: 5.
• South Africa. 2005. The Children‟s Act 38 of 2005. Pretoria:
Government Printer.
• South African Law Reform Commission. 2004. Trafficking in
persons. (Issue paper 25).
• Unpacking South Africa‟s new Children‟s Act. 2007. Eye on
Human Trafficking: A quarterly Bulletin of News, Information and
Analysis on Trafficking in Persons in Southern Africa, published
by the IOM’s regional office in southern Africa. Issue 15.

Dr. Elzette Fritz 11

What are you going to do to
support preventatives measures in
protecting the children from South
Africa?