The trafficking of children for purposes of sexual exploitation

Article 3 states that:
State Parties shall ensure that acts and activities related to the sale of children, child prostitution and
child pornography are fully covered under its criminal or penal law, whether these offences are
committed domestically or transnationally or on an individual or organised basis. It includes 'the
offering, delivering or accepting, by whatever means, a child for the purpose of sexual exploitation
of the child' in those activities.
In Article 8 the Protocol emphasises the rights and interests of child victims and places an
obligation upon State Parties to:
8(1) adopt appropriate measures to protect the rights and interests of child victims of the practices
prohibited under the present Protocol at all stages of the criminal justice process
8(3) ensure that, in the treatment by the criminal justice system of children who are victims of the
offences described in the present Protocol, the best interest of the child shall be a primary
consideration.
Article 10(1) highlights the obligation of State Parties to this Protocol to enter multilateral, regional
and bilateral agreements
for the prevention, detection, investigation, prosecution and punishment of those responsible for
acts involving the sale of children, child prostitution, child pornography and child sex tourism.
It states further in Article 10(2) that
State Parties shall promote international co-operation to assist child victims in their physical and
psychological recovery, social reintegration and repatriation.
• Protocol to the Convention against Transnational Organised Crime
This Protocol is currently under development by the UN Ad Hoc Committee on the Elaboration of a
Convention against Transnational Organised Crime and the process is scheduled to be completed by
October 2000. South Africa is represented on the Ad Hoc Committee.
Since this Protocol is still in the drafting stage the main points of concerns of the document will be
mentioned here and not discussed further.
The focus of the Protocol is to prohibit the 'trafficking in persons' for any exploitative purposes.
Special emphasis is given to the prevention, suppression and punishment of trafficking in women
and children for purposes of sexual exploitation and forced entry into the sex industry.
The Draft Protocol defines 'trafficking in persons' in the context of children as
Recruitment, transportation, transfer, harbouring or receipt of any child, or giving of payments or
benefits to achieve the consent of a person having control of a child, for the purpose of slavery,
forced labour or servitude or for the purpose of using, procuring or offering a child for prostitution,
for the production of pornography or for pornographic performances.
Chapter 2 of the Draft Protocol deals with the protection of trafficked persons and places an
obligation on States to assist and protect victims of trafficking and focuses on issues surrounding
the repatriation of trafficked persons as well as highlights the importance of rehabilitation. In
addition, the responsibility of States to take all 'necessary and appropriate measures to allow the
seizure and confiscation of gains' from any trafficking related activities is emphasised.
The proposed Protocol further states in Chapter 3 the need to strengthen legislative measures
dealing with immigration and emigration as well as transnational co-operation in order to
successfully prevent trafficking in persons for any form of exploitation as well as the protection of
victims and survivors of trafficking for purposes of sexual exploitation. It also identifies the need to
protect child survivors of trafficking for purposes of sexual exploitation from re-victimisation.
2.2. Other UN Conventions which places obligations on South Africa are:
69