The trafficking of children for purposes of sexual exploitation

During the course of the twentieth century the League of Nations and its successor The United
Nations have passed a number of Conventions that deal with the prostitution of children and
women, the traffic of pornographic materials and certain aspects of slavery. South Africa has
signed or ratified a number of these. Among these are:
• The Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions
and Practices Similar to Slavery (1956)
• Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution
of Others (1949)
• The Convention for the Suppression of the Circulation of, and Traffic in, Obscene Publications
(1923 - amended by Protocol of 12 November 1947)
• The Convention on the Elimination of All Forms of Discrimination against Women (1979)
• Convention on the Rights of the Child (1979)
• Optional Protocol to the Convention on the Rights of the Child (not yet in force).
These Conventions are discussed below.
• Convention for the Suppression of the Traffic in Persons and the Exploitation of the
Prostitution of Others (1949)
South Africa ratified this convention in 1951. This convention replaced the 1904 Agreement as well
as the 1910 International convention. This Convention details procedures for combating
international traffic of particularly children and women for the purpose of prostitution. In terms of
the Convention state parties are obligated to punish any person who, "to gratify the passions of
another, procures, entices or leads away another person for purposes of prostitution" or "exploits
the prostitution of another person", even with that person's consent. The convention also prohibits
the running of a brothel and renting accommodation for the purpose of the prostitution of others.
These provisions of the Convention appear to have been taken up in the 1957 Sexual Offences Act
(as amended in 1988). The Convention also makes provision for the extradition of offenders. In the
case where a state does not permit extradition the Convention stipulates that should offenders return
to their countries after the commission of an act abroad, they should be prosecuted and sentenced in
their own country. A criticism of this Convention has been that it conflates traffic in children and
women with prostitution and outlaws not only the traffic in children and women for the purpose of
prostitution but also prostitution.
• The Supplementary Convention on the Abolition of Slavery, the Slave Trade and
Institutions and Practices Similar to Slavery (1956). – [SCAS]
This Convention was designed to supplement the Slavery Convention of 1926, which South Africa
acceded to in 1927. Article 1 of the Supplementary Convention places an obligation on State Parties
to
"take all practicable and necessary legislative and other measures to bring about progressively and
as soon as possible the complete abolition or abandonment of, amongst others, "any institution or
practice whereby a child or young person under the age of eighteen years, is delivered by either or
both his natural parents or by his guardian to another person, whether for reward or not, with a
view to the exploitation of the child or young person of his labour."
• The Convention for the Suppression of the Circulation of, and Traffic in, Obscene
Publications (1923 - amended by Protocol of 12 November 1947).
The Convention covers all forms of pornography and prohibits the possession, distribution and
trade in pornographic materials. It specifically makes it an offence within countries to have
pornography "for purposes of or by way of trade or for distribution or public exhibition to make or
have in possession obscene writings, drawings, prints, paintings, printed matter, pictures, posters,
emblems, photographs, cinematography films or any other obscene objects". The Convention also
makes the export, import, conveyance, advertising and taking part in a business concerned with any
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