Research report - National Child Labour Action Programme for South Africa (1).doc

Some suggested actions for addressing csec are also

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Some suggested actions for addressing CSEC are also applicable to other illegal activities and should be considered for both situations. They are not repeated here. Some of the policy measures already in place are the following: The Interim Protocols for the Management of Children Awaiting Trial was adopted by the DJ, DSD, DCS and SAPS in June 2001. The DSD and the NProsAuth have drawn up a Drug Master Plan for South Africa, which is a programme to address the production, trafficking and use of drugs. The DCS are taking various measures to keep children – especially those under 14 – out of prison. This includes referrals back to DJ for fast-tracking of cases of children awaiting trial and for diversion. Within the JCPS cluster there is an investigation into the responsibilities of the different departments with respect to prisoners awaiting trial. Existing policy of the DCS does not make provision for access for education and vocational training for awaiting trial prisoners and the responsibility has also not been assigned to another department. This is because DCS is only mandated to rehabilitate convicted offenders and people presumed innocent, such as those awaiting trail, do not require rehabilitation. This policy should be reconsidered since children sometimes spend significant periods in custody while awaiting trail. Only administrative support is offered to unsentenced prisoners if at the time arrest they were registered student in which case DCS will facilitate that they continue with the studies and ultimately write examinations. The total number of prisoners involved in education and training programmes for 2001/2002 were 25 345 against a daily average prison population of 172 000. Separate figures for children in custody involved in education and training were not available. The policy and funding of the DCS does make provision for compensation for work done by children (or adults) in prison. Work includes cleaning and maintenance tasks. South Africa has developed a Child Justice Bill that is progressive in its approach to children in trouble with the law. The recommendations below echo the approach in this Act. DJ is the lead Department relating to the implementation of the Child Justice Bill and diversion programmes in terms of the Bill. The Department of Justice also chairs an Intersectoral Child Justice Steering Committee, which includes the Departments of Social Development and the National Prosecuting Authority. (56) Regarding the involvement of children in production and trafficking of drugs and other illegal activities, an important element of investigation and prosecution should be finding and prosecuting adults (or sometimes other children) using the children or benefiting from the children's illegal activities , if any. Lead institution : DJ*. Secondary institutions : NProsAuth (prosecution of those using children) and SAPS (identification of those using children who are in conflict with the law, and investigating cases against them). New policy?
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