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

No conclusive figures are available on trafficking of

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No conclusive figures are available on trafficking of children in South Africa. Recent research by the International Organisation on Migration suggests that South Africa serves as a source, destination and conduit for trafficked children involved in CSEC and domestic work. The report focuses on cross- border trafficking, but previous research and anecdotal evidence suggests that it is more common that children are taken from the rural areas of South Africa to work in urban areas, often in domestic work. A recent report by the NGO Molo Songololo suggests that the incidence of trafficking in the country is on the increase (Commercial sexual exploitation - Barnes-September, 2000). Accompanied illegal immigrant children, awaiting deportation, are kept with their guardians in facilities such as Lindela Detention Centre, although at present no specific procedures are in place to assess whether such children are being trafficked. Unaccompanied illegal immigrant children are the responsibility of the DSD. That Department arranges for a guardian to be appointed by the court and then placed in a place of safety as may be necessary. DHA facilitates the exit of such persons by obtaining travel documents for them when necessary. The UN Protocol to Prevent Trafficking in Persons, covers the following: Defining the crime of trafficking, aligned with international standards;
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Facilitating the return and acceptance of children who have been victims of cross-border trafficking, with due regard to their safety; Prohibiting the trafficking of children for purposes of CSEC, exploitative labour practices or the removal of body parts; Suspending parental rights of parents, caregivers or any other persons who have parental rights in respect of a child should they be found to have trafficked a child; Ensuring that definitions of trafficking reflect the need for special safeguards and care for children, including appropriate legal protection; Ensuring that trafficked persons are not punished for any offences or activities related to them having been trafficked, such as prostitution and immigration violations; Ensuring that victims of trafficking are protected from summary deportation or return where there are reasonable grounds to suspect that such return would represent a significant security risk to the trafficked person or their family; Considering temporary or permanent residence in countries of transit or destination for trafficking victims in exchange for testimony against alleged traffickers, or on humanitarian and compassionate grounds; Providing for proportional criminal penalties to be applied to persons found guilty of trafficking in aggravating circumstances, including offences involving trafficking in children or offences committed or involving complicity by State officials; and Provide for the confiscation of the instruments and proceeds of trafficking, and related offences, to be used for the benefit of trafficked persons.
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