The trafficking of children for purposes of sexual exploitation

Article 7 places an obligation on state parties 'to take all appropriate measures to ensure the
effective implementation and enforcement' of the clauses and provisions in this Convention.
Necessary steps should be taken to 'prevent the engagement of children in the worst forms of child
labour' as outlined in Section 7(2)(a).
It also highlights the States' responsibilities to implement rehabilitative measures and initiatives
aimed at the social integration of survivors of harmful forms of child labour. The Convention states
in Section 7(2)(b) that States have an obligation
to provide the necessary and appropriate direct assistance for the removal of children from the
worst forms of child labour and for their rehabilitation and social integration.
In addition, in Section 7(2)(d) and 7(2)(e) the Convention strongly emphasises the need for states
to take 'effective and time-bound measures' to 'identify and reach out to children at special risk; and
take account of the special situation of girls'.
Despite the importance that Article 7 gives to the responsibility that States have for the
rehabilitation and social integration of child survivors, its strongest emphasis is placed on measures
intended to prevent child labour in its worst forms from taking place. This means that it is of the
utmost importance to take all measures, including education and awareness raising, to eradicate
harmful child labour.
In the context of trafficking of children for purposes of sexual exploitation this would certainly
translate into introducing trafficking legislation making direct or indirect involvement in such
trafficking, as well as any activity that facilitates, enables, or ensures children's sexual exploitation,
a criminal offence.
3. Continental Charters
South Africa has signed both the African Charter of Human and People's Rights and the African
Charter on the Rights and Welfare of the Child. In so doing South Africa committed itself to protect
children from exploitative and harmful practices, which place their safety and well being at risk.
• African Charter on Human and People's Rights (1981)
The Charter came into force in 1986. South Africa ratified the Charter in 1996. In terms of Article 5
South Africa is obligated to prohibit all forms of exploitation and degradation and in particular
slavery and the slave trade. Article 18(2) obligates South Africa to ensure "the elimination of every
discrimination against women and ... the protection of the rights of the woman and the child as
stipulated in international declarations and conventions." This stipulation places a further
obligation on South Africa to adhere to its obligations in terms of UN Conventions and Declarations
and ILO instruments.
• African Charter on the Rights and Welfare of the Child (1990)
South Africa signed the African Charter on the Rights and Welfare of the Child in 1996. The
Charter has been ratified by only six member states of the Organisation for African Unity and as
such is not yet in force (15 ratifications are required to enforce the Charter). The Charter contains
provisions related to the rights and responsibilities of children. It contains provisions to deal with
the sexual exploitation, and the sale and trafficking of children. These provisions while in essence
similar to provisions in the CRC contain a number of additional aspects.
Article 16 of the African Charter protects children against abuse and torture and its wording is
identical to Article 19 of UN CRC. It imposes the obligation on State Parties to
Take specific legislative, administrative, social and educational measures to protect the child from
all forms of torture, inhuman or degrading treatment and especially physical or mental injury or
abuse, neglect or maltreatment including sexual abuse, while in the care of the child.
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