**6. Contextualising human trafficking**

Socio-economic factors, a lack of parental supervision and monitoring, exposure to violence, households headed by children and a lack of a legal position on prostitution compound the problem of human trafficking of young South African women and girls for sexual exploitation. The experience of financial deprivation coupled with home and family circumstances, as well as limited knowledge pertaining to child-rearing drive some young women and girls into traffickers' nets. With no consistent legal position on prostitution, getting out of the victimisation process can be difficult.

### **6.1. Socio-economic factors**

98 Child Abuse and Neglect – A Multidimensional Approach

with conventional social acceptability.

who have been dislocated, are addicted to drugs and/or affiliated to gangs, as well as displaced and dislocated women and children consistently seek to meet people who might rescue them from such situations of victimhood and vulnerability to positions associated

It is estimated that about 30 000 South African children work as prostitutes and that 247 000 are in exploitative labour-related situations (Delport et al 2007). The number of child-headed households is growing, as South African parents die from illnesses related to their HIV/Aids status, and other terminal illnesses. There were 148 000 child-headed households in South Africa in 2007 – that translates to 0.8% of the 18 292 000 children between 0 and 17 years in this country (Children's Institute, 2009). Most of these children live in poor provinces (Children's Institute, 2009), which are commonly targeted by human traffickers for recruitment into sexual exploitation, such as the Eastern Cape, Mpumalanga, KwaZulu-Natal and the Limpopo Province (Bermudez, 2008 & UNICEF, 2003). About one in ten school learners use some form of intoxicating substance. A high number of these learners have been offered drugs

South African girls between 13 and 18 are involved in gangs independently of boys and some courier narcotics for male drug dealers (Govender, 2008 & Naidoo, 2008). Male gang members have been known to kidnap young girls, feed them with 'Tik' (methamphetamine), and, once they are addicted, force them to work as sex workers to pay back the drug money (Naidoo, 2008). If they are not couriering drugs for male drug dealers (Naidoo, 2007), some young women and girls are used to recruit other girls into child trafficking rings for work as prostitutes (Parker, 2008). In the absence of parental supervision and monitoring, this

Displaced and dislocated young women and girls are another group of females that are vulnerable to human trafficking for sexual exploitation. Street children, refugees, children used by adults to commit crimes, as well as children in gangs, can easily be recruited clandestinely into human trafficking for sexual exploitation. Because of their need for sympathy, shelter, food and a sense of belonging, displaced and dislocated children could accept offers presented by human traffickers without verifying the details of the alleged job (Bolowana, 2004; Parker, 2008 & Van der Watt, 2009). In South Africa, due to the growing demand for sex with children, dislocated and displaced children are easily accessible and visible (Bolowana, 2004). The Tshwane Alliance for Street Children (2009) reports that about 10 000 children live on the streets of South Africa. In Tshwane (Pretoria) alone, it is

Refugee women and girls experience gender-specific victimisation that could result in their accepting offers from human traffickers. Whilst they are trying to re-invent coping mechanisms in the countries of exile (Wambugu, 2003), they risk being forced into marital unions with older men, as well as discrimination from the citizens of their adopted countries (Palmary, 2005). In some instances, families have forced war-raped female relatives to marry their rapists to avoid the shame that they believe war rape would bring to the family

in classrooms and playgrounds during schooling hours (Burton, 2008).

behaviour could lead to human trafficking for sexual exploitation.

estimated that 3 500 children live on the streets.

Although unemployment decreased from 30% in 2007 to 19% in 2008 (Statistics South Africa, 2009), women and young girls are still the worst hit by unemployment in South Africa. The Children's Institute (2009) reports that 75% of black children, 43% of coloured children and 4.9% of white children live in households generating an income below R350.00 a month: 67% of these children are female and 69% are between the ages of 12 and 17 years. Furthermore, 38% of South African children live in households with an unemployed adult. However, the employment and unemployment of parents may not necessarily translate to the avoidance or non-avoidance of victimisation from human trafficking. A parent should be present in a child's life, monitoring and supervising his or her movements. An average South African parent, especially among the poor, spends approximately eight hours at work and four hours travelling to and from work (Statistics South Africa, 2009).

Human Trafficking of Young Women and Girls for Sexual Exploitation in South Africa 101

With human trafficking occurring in a clandestine and hidden manner, within similar power-related contexts between the victim and the offender, it becomes difficult to identify victims and report cases of human trafficking. The normalisation of violence, criminal justice approaches to gender-based cases, as well the secretiveness with which human trafficking

There is a link between human trafficking for sexual exploitation, poverty, gender violence and inequality in South Africa (Tyakume, 2009). It is common in South African families which experience deprivation, unemployment and poverty for girl children to be the first to be sent away, either to live with relatives, to marry older men or to be sold in exchange for cash (Delport et al., 2007). Some of the cases of human trafficking for sexual exploitation involve parents' directly selling their children to human traffickers (Richter, 2009). In this regard, foreign nationals have been known to recruit female relatives from East and West African countries, and upon their arrival in South Africa, force them into prostitution for economic survival (Richter, 2009). As these practices are widespread, it appears that they

Although a significant number of South African adolescents attend school (Children's Institute, 2009), parental unemployment, the HIV/Aids-related deaths of parents, early marriages and exposure to inter-parental violence at home result in limited chances for educational and economic advancement for some adolescents. When parents die, some parents leave behind adolescent girls to raise the younger children. Children who are heading households are often left with no resources to care adequately for their siblings. The need for resources might lead some young girls to child prostitution, which places them at risk of being coerced, kidnapped, abducted or deceptively recruited by human traffickers. Furthermore, the opportunities for relocation to economically developed South African provinces and abroad are not easily accessible to young women and adolescents. Very few young women have money for visas, plane tickets and start-up funds, or the skills required to get a job in the country of destination (Delport et al., 2007). If such opportunities are offered to them, they may

The lack of a definite legal position on the act of prostitution creates confusion with regards to the acceptability of this activity. According to the Sexual Offences Act (Act 23 of 1957), prostitution, running a brothel, forcing a person to work as a prostitute and earning an income from prostitution are criminal activities. Nevertheless, it is possible for SAPS officers not to arrest prostitutes on the streets, but to intimidate them, interrogate them and allow them to carry on with night activities (Fick, 2007). The brothels that are raided might be closed down temporarily and then maybe allowed to carry on with their operations once the police leave the premises (Gould & Fick, 2008). Furthermore, the publication of

could be morally accepted as forms of economic survival (Tyakume, 2009).

accept a 'job' with no verification of the information offered to them.

**6.5. Lack of a legal position on prostitution** 

occurs, makes it possible for human trafficking to thrive.

**6.4. Child-headed households** 

## **6.2. Lack of parental supervision and monitoring**

In most instances working and travelling parents leave behind unsupervised and unmonitored children. When they are left to their own devices, with no authority figure to control unruly behaviour, some children are likely to visit areas that could bring them closer to human traffickers. On hearing of their children's misbehaviour during their absence, some parents may use corporal punishment to discipline their children (Dawes, Kropiwnicki, Kafaar & Richter, 2005 & Le Roux, 2010b). This may not be a helpful response to children's problematic behaviour, but some parents may select this response because work challenges, financial shortfalls, as well as fatigue from travelling, are likely to bring about stress and frustration which could make some parents impatient with ill-disciplined children (Dawes et al., 2008). However, a lack of parent-child interaction and corporal punishment may drive some children to play truant or to run away from home (Le Roux, 2010b).

## **6.3. A culture of violence**

Violence in South Africa is a widespread and increasingly common phenomenon: the belief in the use of violence to solve problems is pervasive, embedded and entrenched in traditional norms and values (Bruce, Dissel & Menziwa, 2007; CSVR, 2008 & Hargreaves et al, 2006). A recent survey has revealed that children who have witnessed violence at home – family members punching, kicking, beating, slapping and attacking another with a weapon –and community violence, as well as interaction with negative peers and use of substances, have a greater chance of being victims of school violence (Leoschut, 2008). The implication is that multiple victimisations are experienced by children in direct contact with violent neighbourhoods, peers and families.

Although criminologists predict that black males between 16 and 24 are more likely to become victims and perpetrators of violent crime, in South Africa, women and children are the most likely to become victims of violent crime (Mistry, Snyman & Van Zyl, 2001)). There were 197 284 reported cases of domestic violence between 2009 and 2010, the highest numbers coming from the industrialised areas, such as Gauteng and the Western Cape and the poor provinces, namely the Eastern Cape and KwaZulu-Natal (UNODC, 2007). The Teddy Bear Clinic and Childline report that in Gauteng alone, 1 200 children were raped in 2008 (Mashaba, 2009). In 1999, every day, four women died at the hands of their intimate partners in South Africa: 50% were killed by cohabiting partners, boyfriends murdered 30% of these women, and husbands were responsible for 18.4% of all female homicide cases (Mathews et al., 2004). Only 9% of gender-based violence cases – violence towards strangers as well as intimate partners – receive a conviction in South Africa (Sigsworth, 2008). In most instances, victims may drop the case before the end of the trial.

With human trafficking occurring in a clandestine and hidden manner, within similar power-related contexts between the victim and the offender, it becomes difficult to identify victims and report cases of human trafficking. The normalisation of violence, criminal justice approaches to gender-based cases, as well the secretiveness with which human trafficking occurs, makes it possible for human trafficking to thrive.

There is a link between human trafficking for sexual exploitation, poverty, gender violence and inequality in South Africa (Tyakume, 2009). It is common in South African families which experience deprivation, unemployment and poverty for girl children to be the first to be sent away, either to live with relatives, to marry older men or to be sold in exchange for cash (Delport et al., 2007). Some of the cases of human trafficking for sexual exploitation involve parents' directly selling their children to human traffickers (Richter, 2009). In this regard, foreign nationals have been known to recruit female relatives from East and West African countries, and upon their arrival in South Africa, force them into prostitution for economic survival (Richter, 2009). As these practices are widespread, it appears that they could be morally accepted as forms of economic survival (Tyakume, 2009).

## **6.4. Child-headed households**

100 Child Abuse and Neglect – A Multidimensional Approach

**6.3. A culture of violence** 

neighbourhoods, peers and families.

instances, victims may drop the case before the end of the trial.

be present in a child's life, monitoring and supervising his or her movements. An average South African parent, especially among the poor, spends approximately eight hours at work

In most instances working and travelling parents leave behind unsupervised and unmonitored children. When they are left to their own devices, with no authority figure to control unruly behaviour, some children are likely to visit areas that could bring them closer to human traffickers. On hearing of their children's misbehaviour during their absence, some parents may use corporal punishment to discipline their children (Dawes, Kropiwnicki, Kafaar & Richter, 2005 & Le Roux, 2010b). This may not be a helpful response to children's problematic behaviour, but some parents may select this response because work challenges, financial shortfalls, as well as fatigue from travelling, are likely to bring about stress and frustration which could make some parents impatient with ill-disciplined children (Dawes et al., 2008). However, a lack of parent-child interaction and corporal punishment may

Violence in South Africa is a widespread and increasingly common phenomenon: the belief in the use of violence to solve problems is pervasive, embedded and entrenched in traditional norms and values (Bruce, Dissel & Menziwa, 2007; CSVR, 2008 & Hargreaves et al, 2006). A recent survey has revealed that children who have witnessed violence at home – family members punching, kicking, beating, slapping and attacking another with a weapon –and community violence, as well as interaction with negative peers and use of substances, have a greater chance of being victims of school violence (Leoschut, 2008). The implication is that multiple victimisations are experienced by children in direct contact with violent

Although criminologists predict that black males between 16 and 24 are more likely to become victims and perpetrators of violent crime, in South Africa, women and children are the most likely to become victims of violent crime (Mistry, Snyman & Van Zyl, 2001)). There were 197 284 reported cases of domestic violence between 2009 and 2010, the highest numbers coming from the industrialised areas, such as Gauteng and the Western Cape and the poor provinces, namely the Eastern Cape and KwaZulu-Natal (UNODC, 2007). The Teddy Bear Clinic and Childline report that in Gauteng alone, 1 200 children were raped in 2008 (Mashaba, 2009). In 1999, every day, four women died at the hands of their intimate partners in South Africa: 50% were killed by cohabiting partners, boyfriends murdered 30% of these women, and husbands were responsible for 18.4% of all female homicide cases (Mathews et al., 2004). Only 9% of gender-based violence cases – violence towards strangers as well as intimate partners – receive a conviction in South Africa (Sigsworth, 2008). In most

and four hours travelling to and from work (Statistics South Africa, 2009).

drive some children to play truant or to run away from home (Le Roux, 2010b).

**6.2. Lack of parental supervision and monitoring** 

Although a significant number of South African adolescents attend school (Children's Institute, 2009), parental unemployment, the HIV/Aids-related deaths of parents, early marriages and exposure to inter-parental violence at home result in limited chances for educational and economic advancement for some adolescents. When parents die, some parents leave behind adolescent girls to raise the younger children. Children who are heading households are often left with no resources to care adequately for their siblings. The need for resources might lead some young girls to child prostitution, which places them at risk of being coerced, kidnapped, abducted or deceptively recruited by human traffickers. Furthermore, the opportunities for relocation to economically developed South African provinces and abroad are not easily accessible to young women and adolescents. Very few young women have money for visas, plane tickets and start-up funds, or the skills required to get a job in the country of destination (Delport et al., 2007). If such opportunities are offered to them, they may accept a 'job' with no verification of the information offered to them.

#### **6.5. Lack of a legal position on prostitution**

The lack of a definite legal position on the act of prostitution creates confusion with regards to the acceptability of this activity. According to the Sexual Offences Act (Act 23 of 1957), prostitution, running a brothel, forcing a person to work as a prostitute and earning an income from prostitution are criminal activities. Nevertheless, it is possible for SAPS officers not to arrest prostitutes on the streets, but to intimidate them, interrogate them and allow them to carry on with night activities (Fick, 2007). The brothels that are raided might be closed down temporarily and then maybe allowed to carry on with their operations once the police leave the premises (Gould & Fick, 2008). Furthermore, the publication of advertisements for exotic dancers, masseuses and sex work in newspapers creates the impression that prostitution is an acceptable form of employment in this country. Young women and girls brought into prostitution by human traffickers are often caught up in the social perceptions and attitudes towards the industry that appear to be unable to separate voluntary and involuntary prostitution. The male 'need' for sex is often used by society as a reason for turning a blind eye on prostitution (Parker, 2008).

Human Trafficking of Young Women and Girls for Sexual Exploitation in South Africa 103

resources to his nieces. Instead, he confined them in his house and forced them to work as

Even when they are not misled by relatives, some young women and girls may pursue relationships with older men, who in turn provide material objects in return for sex (Leclerc-Madlala, 2003). In some instances, human traffickers use this kind of scenario – they first spoil young girls between the ages of 13 and 17 with an expensive night out (UNODC, 2007). Once the outing is over, they force them to work as prostitutes in order to return the

Child placement and intergenerational sex are embedded in South African society, and are tolerated as strategies for unemployed young women and girls to earn an income (Dunkle et al.,2007; Dyantyi & Pritz, 2009; Leclerc-Madlala, 2003). This situation makes the identification

There is a growing culture of materialism and immediate gratification among young women and girls in South Africa. The ownership of cell phones, brand-label clothes, as well as partying at entertainment areas such as nightclubs and parties is a lifestyle desired by most South African adolescents (Lutya, 2010a). During such parties and social events, adolescents consume high volumes of alcohol, with some taking drugs and others involved in risky sexual behaviours (Dunkle, 2007). Survival sex is one mechanism which poverty-stricken teenagers use to access the material goods they desire (Leclerc-Madlala, 2003). They become intimately involved with older men who can purchase the wares the teenagers want in return for sexual favours. The male companion may then persuade the young female to perform sex work in order to generate more money. Eventually, the female companion is moved, harboured and commercially exploited for the benefit of the male companion.

In summary, although not all HIV/Aids-infected South African men kidnap and abduct young women and girls for early marriage, the cultural practice of *ukuthwala intombi* has received major criticism from government, civil society and human rights activists. As a result of these points of view, public hearings on this practice have occurred in order to ascertain the opinions of the citizens. The purpose of the public hearings is not to conflate cultural practices with human trafficking or to refuse some citizens their right to practise their culture. It is to ensure that the practice of *ukuthwala intombi* does not violate the rights of young women and girls or contribute to increasing levels of sexual violence. Furthermore, the practice of child placement is vital for social network support and family linkages. Family support is important for the survival of young women and girls from povertystricken backgrounds in the absence of government services and sufficient incomegenerating resources. Support from relatives prevents young women and girls from entering into relationships with older men for the purposes of generating an income. However, it should be done with the intention to provide for a struggling family, instead of

of victims and communication of the prevention of the crime difficult to accomplish.

prostitutes and took away their earnings (Bermudez, 2007).

**7.3. Materialism and immediate gratification** 

human trafficking for sexual exploitation.

money used for the night out.
