The trafficking of children for purposes of sexual exploitation

• International Covenant on Civil and Political Rights (1966) - South Africa signed in 1994
• International Covenant on Economic, Cultural and Social Rights (1966) South Africa signed in
1994
• Convention against Torture and Other Cruel, Inhuman and Degrading Treatment (1984) - South
Africa signed in 1993
• Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
(1962) - South Africa acceded in 1993.
2.3. International Labour Organisation (ILO) Instruments
The International Labour Organisation (ILO) regards child prostitution as one way in which the
labour of children is exploited. The ILO has developed a number of Conventions dealing with
forced labour of children, among these are:
• Convention 29 Concerning Forced Labour, 1930
• Convention 105 Concerning the Abolition of Forced Labour, 1957.
South Africa ratified both these Conventions in 1996. These Conventions deal with forced labour
and the abolition of forced labour. Convention 29 prohibits the forced labour of children.
Convention 105 specifically sets out a number of conditions under which forced labour may be
permissible such as, military service, emergency situations, etc. Article 11 of this Convention places
an age and gender limitation with regard to those from whom forced labour can be exacted. These
are “able-bodied males of an apparent age not less than 18 and not more than 45 years.”
In contrast ILO Convention 182 Concerning the Worst Forms of Child Labour identifies child
prostitution as a harmful form of child labour.
The Worst Forms of Child Labour Convention (No. 182) of 1999 is aimed at the prohibition and
elimination of especially harmful forms of child labour. South Africa ratified this Convention on 7
June 2000.
In its Preamble the Convention emphasises the recognition of poverty as a cause of child labour and
states that
the long-term solution lies in sustained economic growth leading to social progress, in particular
poverty alleviation and universal education.
This part of the Preamble not only highlights the importance on the part of State Parties to fight the
results of poverty such as the sexual exploitation of children, but also the need to eliminate the
causes of the worst forms of child labour such as poverty and socio-economic underdevelopment.
In article 3 of the Convention the worst forms of child labour are defined as:
a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children,
debt bondage and serfdom and forced and compulsory labour, including forced or compulsory
recruitment of children for use in armed conflict
b) the use, procuring or offering of a child for illicit activities, in particular for the production of
pornography or for pornographic performances
d) work, which, by its mature or the circumstances in which it is carried out, is likely to harm the
health, safety or morals of children.
The broad definition of child labour includes the conditions experienced by children while being
trafficked for purposes of sexual exploitation. Children are 'sold' by their parents or guardians for
sexual purposes, which is harmful to their health and safety. In the case of the 'sale' of a child as a
'bride', the condition under which the child lives and has to 'perform' domestic and sexual tasks
would certainly constitute forced and compulsory labour as well as the 'use, procuring [and]
offering of a child for illicit activities'.
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