The Child Care Act of 2005, which reformed the Child Care Act of 1983 aims to bring child care legislation in line with our obligations to the Constitutional and International Law such as the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child.
During the law reform process parliament was advised that the Act be split into two sections, namely: a section 75 bill which deals with national competencies related to children’s rights and a section 76 bill which will deal with provincial competencies.
Anex CDW made submission on section 75 of the Act. Our submissions were directed at chapter 9, which contains legislation governing child labour and chapter 18, which deals with the trafficking of children.
Streets, Public Places and the Prevention of Nuisances
Anex CDW formed part of a coalition of civil society organisations that lobbied against the passing of this by-law because it would address the symptom of social inequality and not the cause. This by-law would give the municipality the power to clean up the streets and this would impact on the harassment of children living and working on the street.
Currently there is no comprehensive legislation that criminalizes trafficking in persons. Legislation that contains prohibitions against the trafficking in persons is the Children’s Act of 2005 and the Sexual Offences Act. The law reform process started with the Issue Paper in 2004, the Discussion Paper 2006 and the Combating of Trafficking in Persons Bill in 2006. The bill has finally been submitted to parliament.
Anex CDW has made submissions to the bill on every stage of the law reform process advocating for the recognition that children are trafficked for the purpose of labour and for the focus to extend to internal trafficking.