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Compiled by the Government Communication and Information System --------------------------------------------------------------- Date: 05 Nov 2007 Title: Parliament strengthens fight against worst forms of child labour --------------------------------------------------------------- -------------------- The anticipated passing of the Children's Amendment Bill by the National Assembly when it sits again is a foregone conclusion after wide support for the final draft of the legislation in the portfolio committee, writes Sholain Govender. The International Labour Organisation (ILO), which runs a regional programme 'Towards the Elimination' of worst forms of Child Labour (TECL), released a statement last week applauding the Assembly for taking another step along the road to ending exploitation of children. "The new law is a major contribution by South Africa to combating some of the worst forms of child labour and it comes at a time when the wall of silence and indifference to the exploitation of children's labour is beginning to crumble globally," said Judica Amri-Makhetha, director of ILO Pretoria. Ms Amri-Makhetha said the seriousness of the practice of using children as instruments in crime was highlighted in the Cape High Court earlier this year in the baby Jordan-Lee Norton murder trial. It emerged that a child, an individual under the age of 18 years, was not only among the group hired by Dina Rodrigues to murder the baby but had been singled out to do the actual killing - a task that he did not finally carry out. "We know that there is widespread adult involvement in the criminal activities of children. Exact statistics do not exist - not surprisingly, because the adult hand in such matters is often hidden," says Dawie Bosch, head of TECL. The Children's Amendment Bill makes it an offence to "use, procure or offer a child" to commit a serious crime as listed in Schedules 1 and 2 of the Criminal Procedure Act. This means that an adult perpetrator should usually face two types of charges - the ordinary class of crimes, like robbery, housebreaking or hijacking, and the offence of using a child to commit crime. "Although the Bill does not make the double offence absolutely explicit, we hope that prosecutors, magistrates and judges will be rigorous in their approach to child crime and alert to the possibility that the child may be the victim of adult exploitation," Mr Bosch commented. The ILO has pointed out that the effective use of this new provision would assist South Africa to meet its international commitments to end the worst forms of child labour, in terms of the International Labour Organisation's Worst Forms of Child Labour Convention. TECL and other children's organisations argued for the Bill to direct judges to recognise that adults who use children in crime also undermine South Africa's efforts to fulfil its international obligations - and to consider this as an aggravating factor in determining sentence. However, the Bill that goes before Parliament does not include this provision. Section 139 of the Bill has also been removed from the Bill. Clause 139(7) of the bill - prosecute the parent if the punishment constitutes abuse of the child, led to the National Prosecuting Authority raising several concerns in the portfolio committee meetings. These included questions of confusion over what constituted an offence, judicial discretion depending on particular cases and public understanding of what constituted an offence. The Committee said it recognised the need for further investigation of the matter and had therefore deleted the section. The Committee report said they anticipated this matter would be finalised in the anticipated forthcoming Amendment Bill that would be introduced as a Section 75 Bill. This would give the Department the opportunity to prepare itself. The Committee however emphasised that the existing law regulating inappropriate forms of discipline of children remained in place and that the programme envisaged in this Bill aimed at promoting positive parenting skills should be implemented by the Department of Social Development. The Bill deals with two other practices that are internationally defined as worst forms of child labour. The use, procurement or offering of a child for slavery or forms of work similar to slavery, such as forced labour or debt bondage and the use, procurement or offering of a child for purposes of commercial sexual exploitation. These aspects of child labour have been covered to some extent in previous legislation, but the Children's Bill provision strengthens the arm of the judiciary. While the Basic Conditions of Employment Act prohibits forced labour, TECL believes there is a tendency to see labour legislation as "technical" in nature. The inclusion of a forced labour ban in the Children's Bill drives home its seriously criminal character. - BuaNews |
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