Policy measures requiring the attention of the above institution, as provided for in the CLAP, are collated below. Cross-refer to the number of the action step in the main text for a discussion of the background.
(41) South Africa should sign, ratify, and implement the United Nations Convention against Transnational Organized Crime, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Lead institution: DFA. Secondary institutions: DL, SAPS, DJ, SALRC. New policy? No, in process of being ratified. Once off cost: nil. Recurrent cost: nil. Time line: within one year of adoption of policy.
(44) The DFA, together with SAPS (through SARPCO (SA Regional Police Chiefs’ Coordinating Committee) where SADC police counterparts discuss issues of mutual operational concern) and the Victim Empowerment Programme of the DSD and NProsAuth (SOCA), should use existing mechanisms that provide regular contact with relevant stakeholders in other countries in the region is to deal with trafficking operations and victim assistance. Lead institution: DFA. Secondary institutions: SAPS*, DSD, NProsAuth*. New policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost: minimal. Time line: within one year of adoption of policy.’
(45) NProsAuth should take responsibility for a process of agreeing to standard procedures within the region for the extradition of traffickers for prosecution. Lead institution: NProsAuth*. Secondary institutions: DJ*, DHA, DSD* and DFA. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within two years of adoption of policy.
(46) DSD should be responsible for ensuring the adoption of regional and bi-lateral agreements aimed at preventing trafficking, protecting the rights and dignity of trafficked persons, and addressing other appropriate policy recommendations. Lead institution: DSD*. Secondary institutions: DFA, DHA*. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within three years of adoption of policy.
(47) DSD should review its strategy on repatriation of victims of trafficking, including provision of appropriate reception and care centres. For example, provision of shelter and assistance should not be contingent on the willingness of victims to give evidence in criminal proceedings. Lead institution: DSD*. Secondary institutions: SAPS*, DFA, DHA*, NProsAuth*, relevant NGOs: New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: moderate. Time line: within four years of adoption of policy. 5.2(45)NProsAuth should take responsibility for a process of agreeing to standard procedures within the region for the extradition of traffickers for prosecution. Lead institution: NProsAuth*. Secondary institutions: DJ*, DHA, DSD* and DFA. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within two years of adoption of policy.
Department of Health (DH)
Policy measures requiring the attention of the above institution, as provided for in the CLAP, are collated below. Cross-refer to the number of the action step in the main text for a discussion of the background.
(17) The requirements for reporting worst forms of child labour in existing law should be assessed to ensure that government agencies servicing children must report potentially serious cases of child labour, including trafficking, to the appropriate institution. This should be coupled with training of officials in these agencies on what to look out for. Lead institution: DSD. Affected departments: DH, DrSD, DL, DrE, DHA. New policy? Yes. Once off costs: moderate. Recurrent cost: moderate. Time line: To be introduced within two years of adoption of policy.
(27) Officials of DrSD, DH, DL, DrE and DHA should be trained in ways of detecting other potentially serious cases of child labour and what action to take when it is found. Lead institution: DSD. Affected departments: DH, DrSD, DL, DrE, DHA. New policy? Yes. Once off costs: moderate. Recurrent cost: moderate. Time line: To be introduced within two years of adoption of policy.
(102) Training children, parents, teachers, trade unions and employers on (a) occupational safety and health, including regulations issued in terms of (100), children's rights and general resources available, and (b) also training subsistence farmers on the hazards of subsistence farming, and the guidelines drawn up in terms of (101). Lead institution: DL; Secondary institutions: DE, DSD, DH and NGOs. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal to moderate. ILO funding: cover the cost of developing a strategy and the necessary material. Time line: within three years of adoption of policy.
(107) Work-related diseases, or injuries of young people, or identifying of factors in the workplace which have the potential to cause harm are correctly diagnosed and treated by health workers. Health services need to be accessible, not only in terms of geography and hours of operation, but also in terms of social accessibility – language, attitudes, etc. This will require close collaboration with the DH. Lead institution: DL. Secondary institution: DH. New policy? No, existing policy. Once off cost: moderate. Recurrent cost: moderate. Time line: within four years of adoption of policy.
(117) Research should be done to determine the extent of child-headed households and AIDS orphans, and the effect that HIV/AIDS is likely to have on child labour, and to make recommendations regarding appropriate action. Lead institution: DSD; Secondary institutions: DL, DH*. New policy? Regarding child labour and child-headed households – elaboration of existing policy. Once-off cost: moderate. ILO funding: full research costs. Time line: to start within two years of adoption of policy.
(118) The growing number of home-based care programmes could play a role in terms of children affected by HIV/AIDS. Fieldworkers for all home-based care programmes need to be trained to recognise the problems children face in HIV/AIDS-affected households, and link them up with the necessary assistance services. Government must find ways to work together with and support – financially and otherwise – the full range of home-based programmes. Lead institution: DrSD*; Secondary institutions: DPLG, LG, DH, NGOs. New policy? Elaboration of existing policy. Once-off cost: moderate. Recurrent cost: moderate. Time line: to be introduced within one year of adoption of policy.
(119) The government has expressed a commitment to providing anti-retrovirals beyond mother-to-child-prevention and has recently completed a costing study. Provision of anti-retrovirals to adults to promote adult well-being and longer life would reduce the number of HIV/AIDS orphans, and prolong the period during which caregivers were healthy and could earn income and prevent children needing to work. The implementation of an extended programme around provision of anti-retrovirals thus needs to be speeded up as much as possible. Lead institution: DH.
(116) The early detection of abnormal health states caused through work so as to implement early and more effective treatment. Lead institution: DH. Secondary institutions: DL. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: nil. Time line: within two years of adoption of policy.
(130) A plan should be drafted for effective cooperation between DHA, SAPS, DH and the education departments, to ensure that child refugees are not arrested, are handled in accordance with existing laws and regulations, and are not denied access to school and health care services. Lead institution: DSD. Secondary institutions: DHA, SAPS, DrE, DH. New Policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within three years of adoption of policy. ILO funding: to cover research required to possible alternatives and costs related to the facilitation of a process leading to closer cooperation
Department of Home Affairs (DHA)
Policy measures requiring the attention of the above institution, as provided for in the CLAP, are collated below. Cross-refer to the number of the action step in the main text for a discussion of the background.
(15) A serious problem with the CSG is that birth certificates and ID documents are required to access the grant. Ways need to be found urgently around this problem while limiting the scope for corruption, as it is children and their caregivers in rural and poorer areas who usually lack this documentation. Lead institution: DHA*. Secondary institution: DrSD*. New policy? Elaboration of existing policy. Recurrent cost: Costs depend on solution, but probably moderate recurrent costs. Time line: within one year of adoption of policy.
(17) The requirements for reporting worst forms of child labour in existing law should be assessed to ensure that government agencies servicing children must report potentially serious cases of child labour, including trafficking, to the appropriate institution. This should be coupled with training of officials in these agencies on what to look out for. Lead institution: DSD. Affected departments: DH, DrSD, DL, DrE, DHA. New policy? Yes. Once off costs: moderate. Recurrent cost: moderate. Time line: To be introduced within two years of adoption of policy.
(26) The quality and content of training on the prevention of trafficking, prosecution of traffickers and protecting the rights of victims, including and especially child victims for law enforcement personnel, immigration and customs officials, prosecutors and judges, as well as other relevant officials and non-governmental stakeholders must be improved. Lead institution: DSD. Secondary institutions: DJ, DNP, SAPS, DHA, DrSD (by addressing trafficking and child labour more generally in their training materials programmes). New policy? Yes. Once off cost: moderate. Recurrent cost: moderate. Time line: within two years of adoption of policy. ILO funding: to cover costs within the first two years; and to review basic training material used by SAPS re dealing with Child Victims also address the position of child victims of trafficking.
(33) Design and implement minor amendments to existing information management systems to record all steps taken in key areas of a child labour policy (e.g. details regarding child labour inspections, steps taken by departments responsible for social development of children, etc). This system would allow the DL to monitor progress in identifying areas of concern and evaluating targeted programmes or actions AND to track children removed from child labour to ensure that their welfare is attended to adequately. Where such systems do not exist, the first step is the design of such a system. Lead institution: DL (labour steps and overall coordination); DrSD* (welfare steps); DrE (education-related steps); SAPS and NProsAuth* (investigation and prosecution of CL-related crimes; use of children to commit illegal activities); DHA (refugee children and illegal immigrant children). New policy? Yes. Once-off cost of adjustments of current information management systems: moderate. Recurrent cost: minimal. Time line: to be introduced as soon as possible after adoption of policy. ILO funding: to cover once-off cost.
(40) The JCPS cluster of directors-generals should take responsibility for dealing with trafficking until explicit legislation on trafficking is promulgated. The cluster includes DJ, DHA, SAPS and SANDF. Lead institution: DJ. Secondary institutions: DHA, SAPS. New policy? Elaboration of existing policy. Once off cost: nil / minimal / moderate / significant. Recurrent cost: SAPS – already funded within SAPS baseline. Time line: within one year of adoption of policy.
(42) SAPS and DHA should develop guidelines and procedures to enable the rapid and accurate identification of trafficked persons and children. Lead institution: SAPS*. Secondary institution: DHA*. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: moderate, but already included in SAPS baseline budget. Time line:
(43) DL should assume responsibility for monitoring and inspecting instances of employment -related trafficking. They should collaborate with the DHA and SAPS in this regard. Lead institution: DL. Secondary institutions: DHA* and SAPS*. New policy? Yes. Once off cost: moderate (staffing and training costs). Recurrent cost: moderate. Time line: within two years of adoption of policy.
(45) NProsAuth should take responsibility for a process of agreeing to standard procedures within the region for the extradition of traffickers for prosecution. Lead institution: NProsAuth*. Secondary institutions: DJ*, DHA, DSD* and DFA. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within two years of adoption of policy.
(46) DSD should be responsible for ensuring the adoption of regional and bi-lateral agreements aimed at preventing trafficking, protecting the rights and dignity of trafficked persons, and addressing other appropriate policy recommendations. Lead institution: DSD*. Secondary institutions: DFA, DHA*. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within three years of adoption of policy.
(47) DSD should review its strategy on repatriation of victims of trafficking, including provision of appropriate reception and care centres. For example, provision of shelter and assistance should not be contingent on the willingness of victims to give evidence in criminal proceedings. Lead institution: DSD*. Secondary institutions: SAPS*, DFA, DHA*, NProsAuth*, relevant NGOs: New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: moderate. Time line: within four years of adoption of policy.
(50) The Children’s Bill, the Sexual Offences Bill and amendments to the Films and Publications Act should be dealt with and passed by Parliament urgently. Lead institutions: DSD* (Children's Bill); DJ* (Sexual Offences Bill); DHA (Films & Publications Act amendments). Secondary institution: NProsAuth*. New policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost: nil. Time line: within one year of adoption of policy.
(130) A plan should be drafted for effective cooperation between DHA, SAPS, DH and the education departments, to ensure that child refugees are not arrested, are handled in accordance with existing laws and regulations, and are not denied access to school and health care services. Lead institution: DSD. Secondary institutions: DHA, SAPS, DrE, DH. New Policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within three years of adoption of policy. ILO funding: to cover research required to possible alternatives and costs related to the facilitation of a process leading to closer cooperation.
Department of Justice & Constitutional Development (DJ)
Policy measures requiring the attention of the above institution, as provided for in the CLAP, are collated below. Cross-refer to the number of the action step in the main text for a discussion of the background.
For actions steps regarding the National Prosecuting Authority, see 20 from page 99 below.
(6) The Department of Labour should, at regular intervals (for example, every three years), assess all relevant public sector policies and programmes for their impact on child labour and the contribution they could make to the elimination of child labour. This assessment should be done so as to coincide with the report on the results of the child labour module to be run by StatsSA as part of the Labour Force Survey. Lead institution: DL; Secondary institution: StatsSA, (statistical module), DSD, DJ, (each regarding their own line function). New policy? Yes. Once off cost: minimal. Recurrent cost: moderate three-yearly. Time line: first expenditure in 2004. ILO funding: to cover once off costs.
(18) A national public awareness campaign on child labour should be designed and implemented: substantial initial campaign with a sustained presence thereafter. Lead institution: DL. Secondary institutions: NPA, CLIG, SAPS,DJ, DC (each regarding its own line function), NGOs. New policy? Yes. Once-off cost: significant. Recurrent cost: significant. ILO funding: to cover initial design and part of initial implementation, the remainder having to be borne by the relevant line department. Time line: to be introduced as soon as possible after adoption of policy; initial stage of campaign to run over three years.
(26) The quality and content of training on the prevention of trafficking, prosecution of traffickers and protecting the rights of victims, including and especially child victims for law enforcement personnel, immigration and customs officials, prosecutors and judges, as well as other relevant officials and non-governmental stakeholders must be improved. Lead institution: DSD. Secondary institutions: DJ, DNP, SAPS, DHA, DrSD (by addressing trafficking and child labour more generally in their training materials programmes). New policy? Yes. Once off cost: moderate. Recurrent cost: moderate. Time line: within two years of adoption of policy. ILO funding: to cover costs within the first two years; and to review basic training material used by SAPS re dealing with Child Victims also address the position of child victims of trafficking.
(28) Training materials and programmes of law enforcement agencies should be adapted to prime them to seek and prosecute adults using the children or benefiting from the children's illegal activities (if any) – see (56). An assessment is also necessary whether there are sufficient opportunities within existing training programmes to present such training and, if not, such training sessions should be extended. Lead institution, investigations: SAPS. Lead institution, prosecution: DJ. New policy? Yes. Once off cost: minimal. Recurrent cost: moderate to significant saving, if effective, as costed in the Child Justice Bill process. Regarding children involved in commercial sexual exploitation, such training has already been budgeted for. Time line: within two years of adoption of policy. ILO funding: to assist in the once-off cost of designing training material.
(39) A directive should be issued to all prosecutors that trafficking and other worst forms of child labour should be viewed seriously, prosecuted effectively and vigorously and added to the existing list of serious crimes. Lead institution: NProsAuth*. New policy? Yes. Once off cost: nil. Recurrent cost: moderate. Time line: within one year of adoption of policy.’
(40) The JCPS cluster of directors-generals should take responsibility for dealing with trafficking until explicit legislation on trafficking is promulgated. The cluster includes DJ, DHA, SAPS and SANDF. Lead institution: DJ. Secondary institutions: DHA, SAPS. New policy? Elaboration of existing policy. Once off cost: nil / minimal / moderate / significant. Recurrent cost: SAPS – already funded within SAPS baseline. Time line: within one year of adoption of policy.
(41) South Africa should sign, ratify, and implement the United Nations Convention against Transnational Organized Crime, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Lead institution: DFA. Secondary institutions: DL, SAPS, DJ, SALRC. New policy? No, in process of being ratified. Once off cost: nil. Recurrent cost: nil. Time line: within one year of adoption of policy.
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(44) The DFA, together with SAPS (through SARPCO (SA Regional Police Chiefs’ Coordinating Committee) where SADC police counterparts discuss issues of mutual operational concern) and the Victim Empowerment Programme of the DSD and NProsAuth (SOCA), should use existing mechanisms that provide regular contact with relevant stakeholders in other countries in the region is to deal with trafficking operations and victim assistance. Lead institution: DFA. Secondary institutions: SAPS*, DSD, NProsAuth*. New policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost: minimal. Time line: within one year of adoption of policy.’
(45) NProsAuth should take responsibility for a process of agreeing to standard procedures within the region for the extradition of traffickers for prosecution. Lead institution: NProsAuth*. Secondary institutions: DJ*, DHA, DSD* and DFA. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: minimal. Time line: within two years of adoption of policy.
(49) The dedicated courts on sexual offences established by the Sexual Offences and Community Affairs unit (SOCA) in the NProsAuth, should be responsible for prosecution of CSEC-related offences. Lead institution: NProsAuth*. Secondary institution: DJ*. New Policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost regarding ONLY this action step (as distinct from the existing policy to establish such courts): minimal. Time line: within two years of adoption of policy.
(50) The Children’s Bill, the Sexual Offences Bill and amendments to the Films and Publications Act should be dealt with and passed by Parliament urgently. Lead institutions: DSD* (Children's Bill); DJ* (Sexual Offences Bill); DHA (Films & Publications Act amendments). Secondary institution: NProsAuth*. New policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost: nil. Time line: within one year of adoption of policy.
(53) Coordinate assessment of the feasibility of the non-legislative action steps to address CSEC as proposed by the SALRC, and whether line departments agree to them, and facilitate agreement on responsibilities, actions and timeframes for implementation and monitoring arrangements. Some of these actions steps could be taken forward even before new legislation is promulgated. The steps are contained in the SALRC’s report at www.law.wits.ac.za/SALRC/SALRC.html. Lead institution: DJ*. Secondary institutions: NProsAuth*, SAPS*, DSD, NGOs, SALRC* (advising other institutions regarding its recommendations). New policy? Elaboration of existing policy. Once off cost: minimal to moderate. Recurrent cost: depending on what institutions agree to do. Time line: within one year of adoption of policy.
(55) Designing pilot programmes to address CSEC, based on the experiences of other countries within the ILO-IPEC programme. Differences between countries and replicability would need to be borne in mind, as well as the sustainability of programmes once external assistance ended. Lead institution: DSD*. Secondary institutions: SAPS*, DJ*, NProsAuth*. New policy? Yes.Elaboration of existing policy Once off cost: moderate. Recurrent cost: moderate, possibly funded indefinitely by donors. Time line: within 2 years of adoption of policy. ILO funding: to cover the design of the pilot programme as well as rendering expert support.
(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? Policy proposed in the Child Justice Bill, but not yet finally adopted. Once off cost: moderate, but already costed through the Child Justice Bill process. Recurrent cost: moderate to significant saving, if effective, as costed in the Child Justice Bill process. Eg, by imprisoning perpetrators behind the children, fewer children should be lured criminal activities. Time line: within one year of adoption of policy.
(57) Where children commit crimes, the diversion of such child offenders away for prison (including community service) should be the preferred option for children. Where appropriate, prosecution of a child should be converted to a children's court inquiry, after conviction.Lead institution: DJ*. Secondary institutions: DSD* (assistance with diversion), NProsAuth* (prosecution of those behind children, and diversion programmes), SAPS (identification of those using children who are in conflict with the law, and investigation of cases against them) and DCS. New policy? Policy proposed in the Child Justice Bill, but not yet finally adopted. Once off cost: moderate, but already costed through the Child Justice Bill process. Recurrent cost: Moderate. It should eventually ease spending pressure on SAPS, by the imprisonment of the perpetrators behind the children in conflict with the law. The effect of diversion programmes should be to ease the strain on the budget of DCS. In due course therefore moderate to significant saving, if effective, as costed in the Child Justice Bill process. Time line: within one year of adoption of policy.
