Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Worst Forms of Child Labour Convention, 1999 (No. 182) - South Africa (Ratification: 2000)

Articles 3(a) and 7(1) of the Convention, and Part V of the report form. Worst forms of child labour. Penalties. The Committee previously noted that the Children’s Act came into force on 1 April 2010 and prohibited the trafficking of children. It also noted the Government’s statement in its report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 24 March 2010 that law enforcement agencies and research institutions identified South Africa as one of the countries in the region that is used by organized traffickers of human beings as a destination, transit and country of origin of victims, including child victims (CEDAW/C/ZAF/2-4, paragraphs 6.6 and 6.9).

The Committee notes the Government’s information that, in July 2013, the President approved the Prevention and Combating of Trafficking in Persons Act (PCTP Act). This Act addresses the shortcomings of the existing legislative infrastructure on trafficking in persons, creates new offences in the area of trafficking of persons, and provides for the referral of victims of trafficking by certain officials, professionals, and others, to the South African Police Service for investigation. Upon conviction, the sentence, depending on the circumstances of each case, may take the form of a fine or imprisonment for life or both. The Committee notes the Government’s indication that while the PCTP Act has been approved and signed into law, its operationalization is dependent on regulations that are required to be made by a number of role-playing departments, such as the Department of Home Affairs. The Government indicates that this is being given urgent attention, in order for the PCTP Act to be implemented as soon as possible. The Committee requests the Government to take the necessary measures to ensure that the penalties imposed on individuals found guilty of trafficking in children under 18 years of age are sufficiently effective and dissuasive and that they are applied in practice. In this regard, the Committee requests the Government to provide information on the application in practice of the PCTP Act and of the Children’s Act, particularly by providing statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions imposed in cases of sale and trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. Child victims of trafficking. The Committee previously requested the Government to provide information on the number of children who have benefited from the support provided for in sections 286, 289 and 290 of the Children’s Act, particularly the number of child victims of trafficking who have received care as well as assistance with regard to their repatriation.

The Committee notes that the Government attached to its report a matrix of indicators, which relates to the implementation of the Children’s Act. According to this matrix, in 2011, 26 (15 boys and 11 girls) child victims of trafficking for sexual exploitation, forced labour, serfdom or street begging, were admitted to child and youth care centres (CYCC). The Committee also notes that the PCTP Act provides for the protection of victims of trafficking and for the provision of assistance. Once identified, child victims of trafficking fall under the protection of the Children’s Act. In addition, the PCTP Act provides for such protective measures as the granting of a recovery and reflection period for foreign victims of trafficking, proper repatriation processes, or the payment of compensation to victims of trafficking. The Committee strongly encourages the Government to pursue its efforts to provide assistance to child victims of trafficking and requests it to continue providing information on the number of such victims, both internal and trans-border, who have benefited from rehabilitation and social integration measures in CYCCs.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee previously noted the information in an ILO–IPEC report on “TECL Phase II: Supporting and monitoring the implementation of National Plans of Action in the three core countries in Southern Africa” (TECL II) from April 2011, that the Department of Education planned to make education accessible to all children by declaring all schools in poor communities “no fee schools” by 2016. However, the Committee also noted the information in the UNESCO Global Monitoring Report – Education for All of 2011 that the number of out-of-school children was rising in South Africa. This report indicated that the number of out-of-school children of primary school age rose from 236,000 in 1999 to 503,000 in 2008, and that the net enrolment rate in primary school fell from 92 per cent to 87 per cent over this period.

The Committee notes the Government’s information that it has undertaken system-wide reforms over the last decade to improve the availability and accessibility to education, including increasing the education budget, developing the infrastructure, and adopting special measures to ensure the inclusion of marginalized children. The Committee notes with interest that, according to the statistics provided by the Government, primary school enrolment rates have risen from 96 to 98 per cent from 2003 to 2011. School attendance rates for children aged 7–15 years have risen from 73 per cent in 2003 to 94 per cent in 2011. Moreover, the Government indicates the retention rates for the full compulsory period of education (grades 1–9) have passed from 80 per cent in 2003 to 88 per cent in 2010. The drop-out rates in 2010 vary from 1 to 2.5 per cent for grades 1–7, and are of 3.5 per cent for grade 8 and 11.8 per cent for grade 11. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to ensure access to free basic education for all children. The Committee requests the Government to continue providing information on the concrete measures taken in this regard, and their impact on increasing school enrolment rates and, in particular, reducing the number of out-of-school children and drop-outs rates.