UNITED NATIONS RIGHTS EXPERT CALLS FOR MEASURES AIMED AT CHILD VICTIMS OF SEXUAL VIOLENCE IN SOUTH AFRICA

4 October 2002



A United Nations human rights expert is calling for urgent efforts to address an apparent increase in sexual violence against children in South Africa.

Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography of the United Nations Commission on Human Rights, says there are reports that young children are being targeted as sexual partners in order to reduce the risk of contracting HIV/AIDS. It is also reported that instances of child rape are being committed by individuals who believe that sex with a virgin will cure them from HIV/AIDS, writes the Special Rapporteur in a preliminary report issued following a visit to South Africa last month.

In addition to recommending that access to treatment, care and support be made available to children living with and affected by HIV/AIDS, Mr. Petit urges that child victims of sexual violence in South Africa be provided with prophylaxis against HIV/AIDS in schools, shelters and police stations. Serious efforts need to be made to alleviate poverty and unemployment, as many acts of sexual violence against children appear to result from anger and boredom, he continues.

The Special Rapporteur points out that although there are many different and very committed actors working on behalf of children’s rights in the country, there are many problems concerning the coordination of their activities. There is, for example, no specific referral centre, no first entry point for children who have been abused, he reports.

Mr. Petit visited South Africa from 16 to 26 September, following an apparent increase in the number of reported rape cases involving very young children and babies. The full report of his visit will be presented to the Commission on Human Rights at its forthcoming session in Geneva in March 2003.


Visit of Special Rapporteur on Sale of Children, Child Prostitution and Child Pornography to South Africa, 16 - 26 September 2002

Preliminary note

The Special Rapporteur, Mr. Juan Miguel Petit, visited South Africa (Johannesburg, Pretoria, Cape Town and Durban) at the invitation of the Government. He had requested the invitation following an apparent increase in the number of reported rape cases involving very young children and babies, as well as reports of child prostitution and trafficking of children in the country. Given the very high rate of HIV/AIDS in South Africa and the connections between the issues related to HIV/AIDS and sexual exploitation, the Special Rapporteur was accompanied by the OHCHR focal point on HIV/AIDS and human rights.

During the visit, the Special Rapporteur met with Governmental representatives from the Departments of Social Development, Health, Justice, Environment and Tourism, the National Prosecutions Authority, the National Commissioner of Police, the South African Commissioner for Human Rights, with NGOs, UN agencies, and with academics looking into relevant issues. He visited shelters and drop-in centres for women and children victims of abuse and individuals seeking HIV/AIDS testing and counseling, a Child Protection Unit of the South African Police Services, and spoke with representatives of the South African media.

The full report of his visit to South Africa will be presented to the United Nations Commission on Human Rights at its forthcoming session in Geneva in March 2003.

The preliminary findings, conclusions and recommendations of the Special Rapporteur are as follows:

The human rights situation generally:

1) The Government of South Africa has made tremendous efforts in the eight years since the ending of apartheid to begin creating a culture of respect for human rights in the country. A remarkable level of progress, both in terms of legislation and policy development, as well as access to water, sanitation, and electricity in many areas has now been achieved.

2) The continuing progress and future development of the country is under serious threat by the AIDS epidemic which is weakening many communities, adding to the severe skills shortages in the population, and reversing development gains.

3) Although progress has been made in raising awareness of HIV/AIDS in South Africa, the stigma and discrimination associated with the disease continue to be driving forces behind its spread and impact. Access to treatment for people living with HIV/AIDS is extremely limited. The limited access to treatment is, in turn, hampering prevention efforts as people have little incentive to make use of voluntary HIV testing facilities, where these are available.


Concerning rape of children:

1) The rape of children, including very young children and babies in South Africa is not a new phenomenon in the country. The increase in the reporting of rape cases is a welcome development, compared to the situation prior to the ending of the apartheid regime in 1994, before which time very few of the many rapes occurring were ever reported.

2) Both boy and girl children are victims of rape, some estimates suggesting that where babies are concerned, the ratio of boy to girl victims is 50:50

3) The majority of rapes are reportedly committed by family members or individuals who are known to the child.

4) Of great concern is that the age of the perpetrators of rape is getting younger – even young boys and teenagers are now being implicated in acts of sexual violence. Similarly, reported instances of gang rape are increasing.

6) The phenomenon of rape in the country cannot be attributed to any one cause, but to a combination of the following factors:

i) The generally high incidence of violence in South Africa
ii) The culture of patriarchy in South African society
iii) The treatment of children as commodities
iv) High levels of unemployment, coupled with a limited pool of skilled workers
v) High levels of alcoholism – several sources reported that in every rape of a child, the perpetrator was drunk.
vi) HIV/AIDS: in some cases there are reports that instances of child rape are being committed by individuals who believe that sex with a virgin will cure them from HIV/AIDS. While there is insufficient evidence on this, these reports cannot be discounted. It is also reported that young children are being targeted as sexual partners in order to reduce the risk of contracting HIV/AIDS.

7) The media is playing an important role in mobilizing public awareness about the phenomenon of child rapes in the country, but the manner in which it is doing so is a cause for concern, particularly the disempowering way in which it is portraying the child victims

Concerning sale of children:

1) The issue of trafficking of children in South Africa has received very little attention, and “trafficking” itself is not yet recognized as a criminal offence. However, there are reports of South Africa becoming both a receiving and a transit country for child victims of trafficking, both from other parts of Africa and from Asian countries. The very desperate food shortage, particularly in countries bordering South Africa, is contributing to an increase in trafficking of children.

Concerning Child Prostitution:

1) High levels of poverty coupled with domestic abuse are forcing children, mainly girls, into prostitution. As the children’s grant ends when the child reaches the age of seven, many children drop out of school as their parents are unable to afford to pay the schools fees. In some cases, a family friend or relative assists the child to attend school in return for sex.

2) The AIDS epidemic has left many children orphaned, and the breakdown of traditional extended family structures has led to a rise in the number of child headed households in South Africa. In many of these families, girls may resort to prostitution in order to feed her siblings.


Concerning Child Pornography:

1) There are some reports of child pornography being created and/or disseminated in South Africa. The response and awareness about this is better than that of sale of children.


Recommendations:

The most urgent recommendations are as follows:


Victims of sexual violence must be provided with prophylaxis against HIV/AIDS. These should be made available at schools, shelters and police stations.

Access to treatment, care and support must be made available to children living with and affected by HIV/AIDS.

Serious efforts need to be made to alleviate poverty and unemployment, as many acts of sexual violence against children appear to result from anger and boredom. Access to free adult education and skills training must be facilitated.

Outreach work is needed in all areas to help children in prostitution, who are usually reluctant to come forward for assistance, believing themselves to be criminals, and in some cases, under threat from the gangs who control the prostitution.

The grant of 130 Rand per month which is currently given by the Department of Social Development for poor children up to the age of 7 should be extended and made available to all children at least up to age 15. The possibility of part of the grant going directly to the school to cover school fees should be explored.

Although there are many different and very committed actors working on behalf of children’s rights in the country, there are many problems concerning the coordination of their activities. There is currently no specific referral centre, no first entry point for children who have been abused. There needs to be a collective structure, such as a multi-sectoral children's ministry to bring the many actors together, for example a National Centre on Child Abuse and Neglect, or an autonomous agency for children, fully resourced and with qualified staff. The exact role to be played by Government and civil society in the protection of children’s rights need to be clarified.



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