The trafficking of children for purposes of sexual exploitation

More documents

Recommendations

Info

• Films and Publication Act, No 65 of 1996, as amended 1999 The Films and Publications Act (1996) aims to provide for the classification of certain films and publications and deals with matters arising from the production, possession and distribution of such classified films. The broad definition of 'publications' makes this Act also applicable to computer software, soundtracks as well as 'any figure, carving, statue or model'. On the other hand, 'any picture intended for exhibition through the medium of any mechanical, electronic or other device' is included in the Act's definition of 'films'. The classification or even refusal thereof for 'publications' and 'films' is aimed at regulating distribution of films and publications based on fundamental constitutional rights. Schedule 1, Section 1(a) of this Act allows for the classification of 'publications' if it contains a visual presentation, simulated or real of a person who is, or is depicted as being, under the age of 18 years, participating in, engaging in or assisting another person to engage in sexual conduct or lewd display of nudity. The same criterion applies to 'films' as described in Schedule 6, Section 1(a) of this Act. This means, that any form of pornographic 'film' or 'publication' depicting children would be classifiable. This could include a catalogue or pamphlet which advertises children for the purpose of sexual exploitation. However, a very narrow definition of sexual conduct limits the applicability of the above criterion. The possession (Section 27) and distribution (Section 28) of child pornographic publications and films are offences. Section 27(a) prohibits any person knowingly producing, importing or being in possession of child pornography, while Section 28(a) prohibits the distribution of child pornography. However, the above classifications and restrictions do not apply 'in respect of a bona fide scientific, documentary, literary' 'film' or 'publication', (Schedule 5 and Schedule10) which leaves a broad scope of interpretation and potential misuse, since it could be argued that the portrayal of child pornography is 'scientific' or 'documentary'. The Act further fails to address the use of a child or child's image for purposes of sexual exploitation on the Internet. This would mean that while possession and distribution of a 'publication' and 'film' portraying child pornography is prohibited, the import, distribution and possession of child pornography through the Internet is not an offence. Especially with regard to trafficking of children for purposes of sexual exploitation the Internet is one the main tools facilitating activities related to trafficking. Children are 'offered' on the Internet, places where sexual exploitation occurs use the Internet to advertise, and 'clients' are using the Internet to 'buy' children for purposes of sexual exploitation. • Aliens Control Act The Aliens Control Act (1991, amended 1995) together with the Immigration Bill and the Refugees Act are of importance in relation to cross-border, regional and international, trafficking of children for the purpose of sexual exploitation. These legislative procedures can be applied for the prosecution (e.g. the 'removal' from or prohibition of further entry into South Africa) of foreign criminal offenders and therefore be regarded as protective measures for sexually exploited and trafficked children. However, the same measures can be and are applied to victims of trafficking and survivors of sexual exploitation. This means that the foreign child trafficked into South Africa for the purpose of sexual exploitation is prosecuted under the same provisions as the trafficker and 'sent back' to the country of origin. It can be argued that this is a violation of the child's 83
constitutional right, which guarantees that 'a child's best interests are of paramount importance in every matter concerning the child' Chapter 5 of the Aliens Control Act deals with prohibited persons and defines in Section 39 such person as: (2)(c) any person who lives or has lived on the earnings of prostitution or receives or has received any part of such earnings or procures or has procured persons for immoral purposes (2)(d) any person who has ... been convicted in any country of a contravention of a law relating to exchange control or an offence mentioned in Schedule 1 ... and is deemed by the Minister to be an undesirable inhabitant or visitor to the Republic. Section 39(2)(c) certainly provides for the 'removal' of foreign nationals who are directly or indirectly involved in the trafficking of children for purposes of sexual exploitation. However, it applies in the same way to foreign children coerced through trafficking into child prostitution and fails to consider the circumstances under which a child of foreign nationality is 'picked up' by police and declared a 'prostitute'. Chapter 6 provides for the 'removal of persons' and states in Section 44 that any 'prohibited person' shall be removed from South Africa. In Section 45 it allows for the 'removal of persons from the Republic because of certain offences'. Committing an offence under the provisions of the Sexual Offences Act is included in the meaning of 'certain offences'. It also allows in Section 46 for the 'removal' of a foreign national if this person through committing any offence within three years after entering the country is 'deemed undesirable inhabitant of or visitor to' South Africa. Section 28 of this Act allows for issuing a resident permit if the 'Minister' 'is satisfied that there are special circumstances which justify his or her decision'. This exemption clause relating to immigration procedure could be applied in the case of children from outside the country and would therefore provide the child survivor of sexual exploitation access to protective measures such as the Child Care Act. • Immigration Bill The Immigration Bill (2000) includes the same provisions as the Aliens Control Act, which it is intended to replace. It does not provide for the protection of the child survivor of trafficking for the purpose of sexual exploitation. Due to the fact that this Bill has gone back to the White Paper stage, which requires new discussions and the drafting of a new Bill surrounding the issues of immigration and foreign nationals, it will not discussed here. However, it is important to note that this provides fresh opportunities for campaigning for issues of cross-border trafficking and the protection of victims who are foreign nationals to be included in such legislation. • Refugees Act The Refugees Act (1998) is aimed to provide principles and standards relating to refugees. Section 32 deals with unaccompanied children of foreign nationality and reads: 1) Any child who appears to qualify for refugee status in terms of section 3, and who is found under circumstances which clearly indicate that he or she is a child in need of care as contemplated in the Child Care Act, 1983 …, must forthwith be brought before the Children's Court for the district in which he or she was found. 84
Page 2 and 3:
The Trafficking of Children for Pur
Page 4 and 5:
Acknowledgments This report was res
Page 6 and 7:
Contents Page About Molo Songololo
Page 8 and 9:
5.4 Punishment and resistance 59 5.
Page 10 and 11:
Executive summary This research rep
Page 12 and 13:
Moçambique and Angola involves bot
Page 14 and 15:
Children. The Norwegian Justice Min
Page 16 and 17:
Chapter 1 Motivations of the resear
Page 18 and 19:
2. Ensure a reduction in the incide
Page 20 and 21:
Box 1: Glossary of terms Trafficker
Page 22 and 23:
3. Terminology The terms, "the chil
Page 24 and 25:
4. Design and Method 4.1. Aims and
Page 26 and 27:
m) A review of the following releva
Page 28 and 29:
to emphasise the immediate need for
Page 30 and 31:
countries to ensure that measures a
Page 32 and 33:
Actors/dancers/singers wanted. Expe
Page 34 and 35:
Chapter 4 Factors and trends with r
Page 36 and 37:
Mpumalanga 7 3 18 12 North West Pro
Page 38 and 39:
According to a sex worker the effec
Page 40 and 41:
Here individual traits and problems
Page 42 and 43: • Men from the Northern Suburbs o
Page 44 and 45: Alleged police involvement and corr
Page 46 and 47: Map 2: Some indications of local tr
Page 48 and 49: • An increase in unemployment •
Page 50 and 51: Johannesburg. Needless to say, once
Page 52 and 53: Map 3: Cross-border trafficking of
Page 54 and 55: Chapter 6 The role of gangs in the
Page 56 and 57: gangs in their own right. 135 These
Page 58 and 59: Little is known about the gang lead
Page 60 and 61: • All had been physically and sex
Page 62 and 63: Original transcripts of selected te
Page 64 and 65: Abduction 3: Alicia's story Origina
Page 66 and 67: Any act seen as resistance or a cha
Page 68 and 69: Referred to as " besagheid" or "wer
Page 70 and 71: Lucia gets away: as told by Jenny T
Page 72 and 73: Table 6: Girls in the gang intervie
Page 74 and 75: During the course of the twentieth
Page 76 and 77: States Parties undertake to protect
Page 78 and 79: Article 3 states that: State Partie
Page 80 and 81: Article 7 places an obligation on s
Page 82 and 83: constitutive elements related to of
Page 84 and 85: the appropriate authorities, like t
Page 86 and 87: whoa) permits, procures or attempts
Page 88 and 89: foreign nationals to come to this c
Page 90 and 91: This Act provides for a broad defin
Page 94 and 95: 2) The Children's Court may order t
Page 96 and 97: espect to restorative justice this
Page 98 and 99: process to manage the problem in So
Page 100 and 101: Legal Instruments South African Leg
Page 102 and 103: "Zunaid". Ek het, was die enigste e
Page 104 and 105: Ons gee vir hulle pak. - Belinda 5.
Page 106 and 107: man sê toe nou vir my ek moet eers
Page 108 and 109: For these purposes, State Parties s
Page 110 and 111: States Parties to the present Chart
Page 112 and 113: 9. The commercial sexual exploitati
Page 114 and 115: esponsible sexual attitudes and beh
show all

The trafficking of children for purposes of sexual exploitation

Create successful ePaper yourself

Delete template?

Save as template?