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Children on the Move

A Regional Study on the Migration


of Children in Southern Africa

Prof. Teresa Manjate &


Dlia-Tatiana Machavela
This publication is property of the Southern Africa Network against Trafficking and Abuse of Chil-
dren (SANTAC ) and Terre des Homme(2013). All rights reserved.

Terre des Homme (Germany)


Deputy Regional Coordinator: Lea Bauventura
Address:Av. Patrice Lumumba, 14, P.O. Box 1200
Email: tdhafrica@tdh-saco.org , tdh-moz@tdh-saco.org
Telephone: +258 21 302 660 Fax: +258 21 312 924

The Southern Africa Network Against Trafficking and Abuse of Children (SANTAC):
Executive Director: Margarida Guitunga
Address:Rua Solipa Norte, 37 R/C, P.O. Postal 439
Email: santac.execdir@gmail.com or santac.secretaryship@gmail.com
Telephone: +258 21 328 376 Fax: +258 21 329 317
Website: http://santac.org/

The Regional Study on Child Migration in Southern Africa was performed by:
Study Coordinator; Prof. .Dr. Teresa Manjate
Study Assistant: Dlia Tatiana Machavela

Text by: Teresa Manjate and Dlia-Tatiana Machavela


Translation: Teresa Manjate and Dlia-Tatiana Machavela
Lay out : Dlia-Tatiana Machavela

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INDEX
Acknowledgements 03
Executive Summary 04
List of Abbreviations 06
Lista of Tables and Diagrams 07
1 Introduction 08
2 Framework of the Study 09
3 Objectives of the Study 12
3.1 General Objectives 12
3.2 Specific Ojectives 12
4 Conceptual Framework (Who are Children on the Move?) 13
4.1 The Global Perception of the Child 13
4.2 Working Definition for Children on the Move 13
4.3 Debate on the Adopted Terminology 17
4.4 International Legal Instruments for the Protection of Children 19
4.5 The Necessity to Differentiate Children on the Move from Child Trafficking 23
5 Scope and Constratints of the Study 24
6 Methodology 26
7 Key Findings 27
7.1 Target Groups 27
7.2 What are the Common Characteristics and Differences? 29
7.3 Migration 30
7.3.1 Internal Migration 30
7.3.2 External Migration 37
8 Procedures 41
Borders 49
5 Numerical Projections 51
10.1 Malawi 51
10.2 Zimbabwe 54
10.3 Mozambique 55
11 Conclusions and Recommendations 57
11.1 Recommendations 58
Bibliografia 59
Annex 60

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ACKNOWLEDGEMENTS

The research team would like to thank all the people that made this study possible.

In South Africa we would like to thank Mr. Vusi Ndukuya from Junior Citizen and his informants.

In Malawi we would like to thank Mr. M. Matewera, Vice President and Executive Director of SAN-
TAC and Eye of the Child, Malawi.

In Zimbabwe we would like to thank Bishops Patrick and Christopher Mutume from Muchangay-
idza, Mutare, Rev. Joseph Abel Waziweyi, Presbyterian Church (Mutare); Dr. Akingide-Obonyo, doc-
tor in Mutare General Hospital, Mrs. FB Matsanga, Executive Director SIMUKAI, Mutare.

In Mozambique we would like to thank Terres des Hommes (Germany) for funding this study and
the SANTAC team.

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EXECUTIVE SUMMARY
Southern Africa has a long history of migration both internally and externally. The history of
movement across borders in this region is well defined: men migrated to distant locations in search
of a livelihood leaving behind their families. At national level this movement was marked by migra-
tion from rural areas to the cities. In some cases, entire families would migrate as a response to lo-
cal insecurities such as droughts, floods, food shortage, armed conflict and other socio economic
triggers.
For methodological reasons the study focuses on Malawi, Mozambique (1), South Africa,
Swaziland, Zambia and Zimbabwe. The study is based on interviews with 36 institutions that deal
directly with the protection of childrens rights and act as lobbying groups with governments. Indi-
vidual interview s were carried out in a semi-structured way with key informants, focus groups
like the International Organization for Migration, Lawyers, Journalists and Customs officers .A so-
cial audit was conducted simultaneously in order to check the level of domestic implementation of
international and regional legal instruments.
From the findings of this study it can be deduced that the influx of migrating children is ori-
ented in the direction of from small townships and rural areas to big cities within the same country
or across borders. It is concluded that because of lacking opportunities in the rural areas and town-
ships children seek greener pastures in places where they have no support systems. Not only is the
journey dangerous and permits for an array of dangerous situations children are generally not psy-
chologically prepared for, but the lifestyle these children live once they arrive at their destination is
also risky.
It was observed that child migration can be triggered by force but is also done on a volun-
tary basis, however this does not mean that childrens rights are not violated in the process. They
are forced to work without basic conditions and many times exploited by farm owners who may
deny them payment along with other more violent forms of exploitations involvement sex trade,
involvement in criminal activity, domestic slavery or end up being victims of the black market for
organs. These children do not attend school and have no notion of childhood.
During the research we found that although there is a plethora of organisations, both non
governmental and social services, that there is a lack of congruency in administrative and proce-
dural processes between organisations and states. This facilitates illegal trafficking and and abuse.
The rise of tourism in Southern Africa may be a permissive factor and thus much awareness must
be spread to radically affect the current situation.

(1)At first the national scope of the study was under the responsibility of Save the Children
(Moambique). But due to the proximity and interelations of the subject and geographical issues this
study also included Mozambique., though it does not go into depth in relation to the internal migraton
of children.A deeper study must be done in Mozambique as the problems stemming from corporate
expansion have a grave social impact.

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The study strongly recommends that further study be conducted in Mozambique due to the
seriousness of the situation regarding legal and illegal mining. The time spectrum on which this
study was conducted was insufficient and didnt allow for profound regional study in the mining
areas. The study also recommends the development of awareness campaigns, and for social inter-
faces to be established in order to fully educate rural populations about trafficking of humans and
for victims of trafficking to find safe heavens and support.

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LIST OF ABBREVIATIONS

CRC Convention for tthe Rights of Children

IPEC International Programme on the Elimination of Child Labour

SADC Southern Africa Development Community

SANTAC Southern Africa Network Against Trafficking and Abuse of Children

HIV Human Immunodeficiency Virus

IOM International Organisation for Migration

ILO International Labour Organisation

PEE Strategu Plan for Education

AIDS Aquired Immune Deficiency Syndro,e

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LIST OF TABLES AND DIAGRAMS
Fig.1 Intersection Points in the Definition of Children on the Move 14
Fig.2 Trajectory or Circumstances of Children on the Move and at
Risk 19
Fig.3 Maps of SADC 24
Fig.4 Children Out of School in 6 African Countries 27
Fig.5 Comparison Between Demand and Supply at the Level of
Basic Education 1992-2008 28
Fig.6 Graph Reflecting the Ratio of Drop outs in the 2nd to 7th
Grade (2007/11) 28
Fig.7 Migration Cycles for Internal and Transborders Migration 31
Fig. 8 Primary Completion Rate: Data from 2010. Malawi 34
Fig.9 Primary Completion Rate: Data from 2010 Percentage Malawi 37
Fig.10 Illustration of Zimbabwean Populations Living in Mozambique
2128 (by age) 38
Fig.11 Annual Projection of Children Migrating Through Official 51
Fig 12 Framework of Children Helped by the Salvation Army 51
Fig. 13 Number of Child Protection Cases 52
Fig.14 5 year Projection 52
Fig.15 Consequences After 5 years 53
Fig. 16 Children Leaving Zimbabwe 54
Fig.17 Total Zimbabweans Population in Relation to Age 55
Fig. 18 Age Range of Dependants 55
Fig. 19 Number of Dependants 56

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INTRODUCTIONS
1 Child migration is a right that must be safeguarded with the application of monitoring
systems and security

This report presents the results of the perceptual


study, "Children on the Move in Southern Africa", that took
place during the months of September and October 2012.
The study was conducted in six countries namely; Malawi,
Mozambique, South Africa, Swaziland, Zambia and Zim-
babwe.

The study is presented here in 10 chapters, following the


introduction, comes the framework of the study in chapter 2. Chapter 3 presents the objec-
tives, Chapter 4 discusses the conceptual framework and terminology, Chapter 5 presents the
delimitation of the study and its constraints; Chapter 6 presents the methodology used; Chap-
ter 7 presents the main results based on primary information, including collected statements
from the target groups, informants that are directly involved with children and women's pro-
tection agencies, and key informants working in fields such as: commuter carriers, commu-
nity leaders, NGOs, informal traders, policemen, border police, migration agents, etc.), Chap-
ter 8 presents the operational procedures of organizations and individual countries, through
a survey of policies and programs targeted to benefit children's welfare; Chapter 9 presents
the situations at the borders, the 10th chapter presents a numerical projection of children on
the move. In the conclusion of the report the findings and recommendations are presented.
The bibliography and annexes are presented at the end which are composed by the result of
social audit and the research instruments.

The report also provides a bibliography and an attachment containing the Annex with the
research tools, and a country by country contact sheet for the organisations we contacted for
the study and others working in the field of child protection.

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FRAMEWORK OF THE STUDY
2 Southern Africa has a long history of migration both locally and regionally, there are
some well-defined characteristics that describe these patterns of movement:
1. Men migrated to distant locations away from their families (internally or externally)
to looking for all kinds of paid work in order to sustain their families.

2. There were cases where entire families migrated permanently as a result of inse-
curities stemming from: environmental challenges (droughts, floods), survival/ food
security (bad harvests, plagues) social or political inequalities or unrest (armed conflict,
family, etc.).

Culturally speaking, within the context of Southern Africa, the migration phenomenon
is closely linked to labour migration, which has culminated in a socio-cultural environment
where many people do not regularly deal with the official borders between neighbouring
countries.
Another element that needs to be taken into account are the linguistic affinities and
socio-cultural characteristics that unite the border townships, the similarity acts as a dis-
abling factor in people actually recognising the different administrative, geographical
boundaries and, consequently, the legal tools imposed on those wanting to cross a border. In
these areas it is therefore normal to cross borders illegally (2).

From an international level of analysis, it could also be viewed that South Africas de-
mocratization in the 1990s along with individual countries undergoing economic decentrali-
zation spurred migration as a way to stimulate mercantilism by seeking out the trade of com-
mercial goods in formal and informal markets.

This behaviour has resulted in an environment that allowed for massive movement of
people seeking refuge in other countries and causing internal displacement. These migratory
groups were mainly constituted by people heading towards South Africa. According to the
UNHCR (2010) in 2009 South Africa received a total of 270,671 migrant citizens from Angola,
Burundi, the Democratic Republic of Congo, Rwanda,

(2) There are several reasons for the movement of people, including the collapse of old politi-
cal barriers, the development of communication systems worldwide, the relative accessibility of
modern transportation and opportunity disputes between countries and national spaces, and
the need for change, labour and services in many countries. While migration is rooted in human
history, migration flows have become more diverse and complex than in previous seasons. The
increasingly demanding global economy and globalisation and integration, the demographic
forecasts for the century to indicate that migration - internal and external - will continue to be
an inevitable reality (International Agenda for Migration Management, the Berne Initiative,
2005)

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Somalia and Zimbabwe. A community survey taken in 2007 estimated that there are an astonishing
2.65 million foreign migrants living in South Africa (SANTAC, 2011).
In the past two years the phenomenon of migration in Southern Africa changed once more;
this change was driven by influences stemming from the global financial downturn. However, it
could also be added that the treaty signed by SADC governments may also be a driving force as the
treaty stipulates that movement between countries would not require visas. Acquiring legal docu-
ments and local citizenship in some of the member states of SADC has become relatively easy, thus
contributing to the increase of illegal immigrants from other parts of the world too (like Asia). Us-
ing the coasts of Mozambique, Asians find their way into South Africa or they use routes through
Zimbabwe to enter South Africa.
Through the many organs of the media it has become well known that in recent years (mainly
2010- 2012) Mozambique has experienced a massive and illegal entry of foreigners from many
countries.
Data from 2009 accumulated by the Attorney General's Office illustrates the gravity of the
situation. In the wake of supervisory activities 5,800 people were repatriated while 87 citizens
from other countries were expelled. The various nationalities that were found included: Bengalis,
Cameroonians, Ethiopians, Kenyans, Malians, Pakistanis, Tanzanians, Senegalese, Somalis, South
Africans and Zimbabweans. Tete province, as the report indicates, continues to record the highest
number of repatriated foreigners, with 3451, followed by Manica with 1046 and Cabo Delgado re-
porting 454 cases (3).

The last years have also seen a worsening in cases of child abuse. The disintegration of the
family structure is caused by many issues such as: divorce, death of parents caused by HIV / AIDS,
climate change leading up to entire families losing crops, basic income for their livelihood, social
conflicts, etc. This corrosion of the social fabric has been caused by an array of permissive causes
such as:

political conflicts
social insecurity
hunger and poverty
the urbanisation process
the search for greener pastures
children living in households headed by other children ( or other youth, women or eld-
erly people)
children living in households headed by an adult with chronic illness
children living in institutions such as orphanages, prisons, mental health institutions
children in conflict with the law (because of juvenile crimes)

(3) http://manueldearaujo.blogspot.com (12/08/2012).

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children in conflict with the law (because of juvenile crimes)
children victims of violence
children who are victims of sexual abuse and exploitation
child brides
children who are victims of the worst forms of child labour
children living in the street

All of these are contributing factors to child vulnerability of children and adolescents.

Although migration became the staple issue for the international political agenda, it is its far
reaching implications for the welfare and development of conditions for children that requires fur-
ther attention. Children are affected by migration when they are left behind by one or two migrat-
ing parents, when they migrate with their parents (or are born abroad) or when they migrate
alone. The impact of migration on children and adolescents should be seen in a broader context
linked to poverty, conflict and gender inequalities.
Activists and professionals fighting for the protection of children against all forms of abuse
underline the need to expand this exercise, including the improvement of methods, measuring tools
and procedures in this exercise, having as an ultimate goal the safety and protection of children.

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OBJETIVES OF THE STUDY
3 A. General Objectives

The general aim of this study is to map out or conduct a general radiography on the
conditions and situations of the child on that is on the move in Southern Africa

B. Specific Objectives

Acquire regular and systematic numbers quantifying the movement of


children;

Organise a data base that refers to the influx of child migration

Identify the causes of the current migration of children;

Identify the profile of children involved in the migration process and their
main destinations;

Identify the most common routes used by children;

Identify permissive and propelling factors (which attract and force them out
of their places of origin) of internal and cross-border movement of chilren;

Identify the characteristics and profiles of the leading smugglers/


traffickers;

Get updated information on the "modus operandi" of traffickers and smug


glers in border areas

Map the services available at the domestic level, SADC organizations and
civil society initiatives for the protection and care of children on the move;

Check the level of domestic application of international legal instruments


for the protection of children;

Check the implementation of available legislation

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THEORETICAL FRAMEWORK
4 WHO ARE THE CHILDREN ON THE MOVE?
4.1 Conceptual Perceptions of the Child

Under the present Convention, a child is every individual human being below the legal
age of 18 years of age, unless it is stipulated in national law that adulthood is given at an ear-
lier or later age. (Part BI, Article 1).
According to the definition given in Article 11 of the Convention on the Rights of the
Child of 20 November 1989 (CRC), unaccompanied children (also called unaccompanied mi-
nors) are children who have been separated from both parents and other relatives and are
not under the care of an adult who by law or custom is responsible for that childs welfare.

4.2 Definitions of Children on the Move

Although a robust definition of this group of children will facilitate the inclusion of the
same agendas in child protection it must be said that it is not easy to categorize it. There are
many grey areas in this field. The definitions should be considered as guidelines and not as a
trait to a rigid categorization.
The diagram below clearly illustrates the points of convergence and separation that makes it
hard to settle on a rigid definition. However, it serves to draw attention to the grey areas
which indicates the weakness of procedures due to misinformation.

Separated children are children, as defined in Article 1 of the CDC, who have been sepa-
rated from both parents, or from someone that is legally an adult and is responsible for the
welfare of the child or a customary primary care taker, but not necessarily a relative. These
can therefore include children accompanied by other adult family members.
"The CDCUN protects all children, regardless of nationality or immigration status, recognizing
that people under 18 years of age often need special care and protection. The four basic prin-
ciples of the Convention are non-discrimination; adhering to the best interests of the child,
right to life, survival, development and respect for the views of the child.
States parties are obliged to respect the Convention's provisions by implementing in their
policies and actions in relation to all children within its jurisdiction. The provisions include
the right to citizenship, to physical integrity, to the full development, protection against
harmful influences, to health care and education, freedom from discrimination, exploitation
and abuse and to participate fully in family life, society and culture. The International Conven-
tion on the Protection of the Rights of All Migrant Workers, signed in December 1990, reaffirms
the rights set out in the CRC.

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Figure1:
Intersection points
in the defenition of
children on the
move

According to the study conducted by Save the Children UK, a child on the move is "a child
(under 18 years of age) that is unaccompanied, who has crossed a border alone or is alone in a for-
eign country without an adult responsible for it." (Save the Children: 2007: 8)

At an international conference held in Spain in 2010, the term "children on the move" was defined
as: Those that move, voluntarily or involuntarily, within the country or outside it, with or without
their parents or an adult responsible for them, for various reasons, are children whose movement can
put them at risk (or risk compounded) labour exploitation, sexual, economic abuse, neglect or violence
(physical or psychological) (Barcelona2010).

This view is seconded by Mike Dottridge (Mike Dottridge: 2011: 9 ff.) that cites in his exploratory
note other important factors that aligns to the enrichment of the definition:
Children on the move does not mean a new category of children. It's a conceptual beacon that
brings a reasonable number of categories in which children are moving connoted and divided. This
includes:
(i) children who have been trafficked

(ii) children who migrate, seeking better opportunities (education, work, and more
tranquillity, i.e. fleeing violent and abusive environments in their places of origin -
families, communities, and countries),

(iii) children displaced and disoriented because of military conflicts and natural dis-
asters,

(iv) children living or working on the street

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In this perspective, children on the move" are all children who may be at risk, especially
because they are exposed to various forms of abuse and are involved in the worst forms of labour
and exploitation. This concept highlights the risks and challenges faced by these children and must
also take into consideration differences in gender, age, activities and interventions aimed at reha-
bilitation and ensuring coherent policies, placement in child protection centres, as well as drawing
attention to the need to keep in mind that the hypothetical positive effects mobility can improve
the quality of life and opportunities for children.
Thus, the term "children on the move" has been used to refer to a variety of groups of chil-
dren who move either within their own country or across an international border or even between
continents, should be revisited and redefined because it includes children moving by themselves
(also known as separated children or unaccompanied children and others who voluntarily decide to
change the environment or even those that even if accompanied should stand on their own.
On each of the cases, children are separated from their natural environment, to one which is
unfamiliar, at least initially; they can run a wide variety of risks: violence, death, exploitation. Yet at
the same time, they can also get to have more opportunities than before they left their homes.
Thus, in practice, the applied references children on the move is far more reaching in terms of what
it could imply and exceeds the delineation of the four categories that were mentioned above.
Including the four previously mentioned categories the term refers to:
Children who migrate for economic reasons, whether short or long distances within
their country or across borders (or even between continents.) This component in-
cludes, for example, children kept as domestic servants (but not those who live with
their own family and go to work every day in someone else's home) and children travel-
ling away from home on a temporary basis, (for a month or two for agricultural work or
to work with pastors, caring for animals, and then return home). It also includes chil-
dren who leave home and are linked to criminal activities as their main source of in-
come;
Children who accompany older family members who migrate for economic reasons,
which includes families who move between different workplaces,
whether agricultural or industrial (such as quarries or brick layers) or service indus-
tries (such as tourism). The driver for migration may include stressors such as climate
change or insecurity familiar;

Children who are driven to leave home to escape some form of domestic violence,
whether in the hands of a father or other relative or someone like a boyfriend, which
includes children fleeing and moving from one place to another in order to avoid an
early or forced marriage;

Children who leave home in order to get an education or professional training (or con-
tinue the process), whilst working or not;

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Children who are displaced internally (within a country or region), either by political
unrest or natural disasters and either migrate alone or with other family members;

Children who are displaced or relocated for other reasons, such as the destruction of
their homes due to the construction infrastructure (roads, bridges, etc..) either alone or
with other family members;

Children who are refugees (including those whose asylum applications have not yet
been approved by the authorities of the host country , generally referred to as
"applicants"), and including unaccompanied or separated children as well as children
who accompany their parents,

children moving out of their homes to live or/and work in street (in other words, some
categories of street children, excluding those who work on the street but living with
family members);

Children that are linked to armed forces, who leave their homes voluntarily or are forci-
bly recruited;

Children who are kidnapped or lured away from home for other purposes including
adoptions(4).

(4) Cf. Hague Convention. Chapter 1 article 1


The present convention has the objective of:
a) Establish garantees to secure that international adoptions are made in the interest of of the child and
in respect to the childs fundamental rights and in terms of international law;
b) Establish a system of cooperation between states, to assure that these garantees are are respected.
This preventing kidnaps,sale or trafficking of children;
c) Assure recognition in the state of the contractants in cases of international adoption that all procedure
are i accordance with the Concention.

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4.3 Debate on the Adopted Terminoly
A careful terminological research on the internet results in all sorts of confusing definitions, it
would therefore be useful, in regards to this study, to include all groups of children who move from
their home environments, particularly those who apparently are not exposed to dangers or those
who do not find beneficial opportunities.
For example, the term has not (so far) been applied to children who come and go from school,
within a community, on a radius of up to 1000 meters, in the daily journey from their homes to
school and then back to their homes. These children are also at risk, as has been reported various
times on the news in cases of child abduction and illustrated in the book Tat pap tat
mam (5).
A great example of the rise of this type of danger can be seen in the investigative reportage
from Fala Mozambique, (TV Miramar, April, 2012). Preventative work and awareness campaigns
make it conscious to children of primary and secondary school levels that child abduction is a real
risk. Organisation like SANTAC and Save the Children work to make this information available to
children and their care takers.
There are some categories that are more ambiguous, where it has not yet become clear in
which conceptual framework it could fits as children on the move. These include:

Children in communities where there is a tradition of long-term nomadic pastoralism,


where one moves the whole family or the entire community migrates from one place to
another in a relatively well-established routine.

On the other hand, it is probably appropriate to consider the children who are sent by
their parents or guardians to the rural areas for weeks to take care of herds of animals
as children on the move or at risk;

Children who attend boarding school i.e., living in boarding schools during the academic
term, however, there are some circumstances in which these children are at the same
risk as those who are not at boarding schools. At the end of term or during holidays or
on special occasions when they are free to roam on their own, these children are vul-
nerable and at risk.
Children in communities where there is a tradition of long-term nomadic pastoralism,
where one moves the whole family or the entire community migrates from one place to
another in a relatively well-established routine.

(5) Designation used by Carlos Serra, 2006. In the study three characteristics were defined for the
trafficking of people: (1) Prostitution for sexual exploitation in Southern Africa; (2) Forced labour (3)
extraction of organs for the organs black market or for ritualistic purposes. This phenomenon is
agrevated by social contidiond aswell as vulnerable borders.

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Children hospitalised, living in institutions (hospitals, etc.). They are also far from the
paternal protection. They are also children at risk.
Children who work or study in the border regions, which are required to cross an inter-
national border daily to work or study in a neighbouring country;

Teens (under 18 years of age) who marry and have to move away from their family
home to live with their spouses (and possibly their in-laws too), most of whom are
girls. These are children at risk.

Children and adolescents living with parents or guardians who may suffer from permis-
sive drug and alcohol addictions. These are also children at risk.

The term children on the move is multidimensional and requires special attention. Each of the
cases mentioned here, albeit shallow, involves many different experiences and life styles. It is diffi-
cult to summarise all perspectives in a single diagram or defining exercise.

There are several studies that refer to "children on the move" as travelling through a series of
different "phases" or "aspects", which can be geographic (from one side to the other), but also so-
cial (as to redefine its identity in a new location, sometimes changing from a village to a city, with
all the cultural changes that are involves such a trajectory). This implies that children on the move
as a term acquires a different definition at different stages. Consequently changes in its application
also influence the prescription of steps to protect or take action.
For the purposes of this report, all the aforementioned groups are referred to as children at
risk, including the unaccompanied, separated or accompanied children, moving within or outside
the borders of their home countries in the region, therefore, migrant children can be seen as chil-
dren that are risk and in a vulnerable condition.

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Before and at On the move Destination End of the
the moment phase( trans- place- enter- mobility
of departure ing in a new phase- Childrens
portation,
returning trajectory
( in the fam- transfers, tran- environment
home or
ily and in the sit, temporary (education, integrating
community) locations employment a new envi-
in the street) ronment

Table 2: Trajectory or Circumstances of Children on the Move and at Risk.


Source: Simbine Mapping Exercise of Service Providers

4.4 International Legal Instruments for Child Protection


Children can migrate alone for several reasons: to join family members, to escape the abuse
they suffer at home, or to seek employment. They face a number of risks, starting with the trip it-
self. Children who migrate alone and have no support system once they arrive at the destination
may end up living and / or working on the street. These children are uniquely exposed to violence
and exploitation. They are more likely to have no access to basic services. Moreover, there is no
doubt that young adolescents who migrate are extremely creative and any protection effort should
include their desire to move migrate at its foundations.
Migration is a basic right, and all-encompassing legal tools that protect children and human
rights have migration as a right that all peoples are entitled to. This means, thus, that children that
migrate are under the protection of international and national legal instruments that on paper
must enforce these protective laws in both the country of departure and destination country. The
majority of children's rights are based on social and economic rights - the right to education, right
to health, right to family life, the right to leisure. However, these social and economic laws may not
fully cover cases where violations may extend to the civil rights of the child - the right to life (in
more extreme cases), violations regarding the prohibition of the use of torture and mal treatment,
especially in cases of illness.

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The United Nations Convention on the Rights of the Child (CRC) is an international treaty that
recognizes human rights and protects the human rights of children. It was approved unani-
mously by the UN General Assembly on 20 November 1989 and entered into force on September
2, 1990, after being ratified by the required number of nations (20). In December 2008, 193
countries have ratified which includes all UN members except the U.S. and Somalia and makes
the international human rights instrument of greater acceptance. The Convention provides that
all State Parties to inform the United Nations Committee on the Rights of the Child on its progress
in implementing the Convention and the situation of child rights in their respective territories.

A CRC protects all children, regardless of nationality or immigration status, recognizing


that people under the age of 18 often need special care and protection. The four basic principles
of the Convention are non-discrimination; adherence to the best interests of the child, right to
life, survival and development, and respect for the views of the child. The signatory states are
obliged to respect the provisions of the Convention in its policies and actions relating to all chil-
dren within its jurisdiction. The provisions include the right to citizenship, to physical integrity,
to the full development, protection against harmful influences, to health care and education, free-
dom from discrimination, exploitation and abuse and to participate fully in family life, social and
cultural. The International Convention on the Protection of the Rights of All Migrant Workers,
signed in December 1990, reaffirms the rights set out in the UNCRC.

This convention defines these rights in 54 articles and two Optional Protocols adopted on
May 25, 2000. The 1st protocol restricts involvement of children in armed conflict and the sec-
ond prohibits the sale of children, child prostitution and the use of children in pornography.
Both protocols have been ratified by over 120 states. Under the UNCRC, the parties shall
take all feasible measures to identify migrant children, especially at border crossings. By Articles
23, 24, 28, 32 and 39 of the UNCRC, States should ensure the child migrants permanent access to
education and the highest attainable standard of health services and the treatment of diseases.

20
Protocolo de Palermo
In accordance with the Convention of the United Nations Convention against Transnational
Organized Crime approved in 2000 a Protocol to Prevent, Suppress and Punish Trafficking in Per-
sons, Especially Women and Children, which entered into force on 25 December 2003. The Pro-
tocol provides that States which have ratified the Convention to prevent and combat trafficking
in persons, protect and assist victims of trafficking and promoting cooperation among states to
achieve those objectives.

For the purposes of this Protocol:


a) The term "trafficking persons "shall mean the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or other
forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a
position of vulnerability or of the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person for the purpose
of exploitation. Exploitation shall include, at a minimum, the exploitation or the pros-
titution of others or other forms of sexual exploitation, forced work or services, slav-
ery or practices similar to slavery, servitude or the removal of organs
b) The consent of a victim of trafficking in persons is viewed as any kind of exploitation
set forth in subparagraph a) or this article shall be irrelevant if it has uses any of the
means set forth in subparagraph a),
c) The recruitment, transportation, transfer, harbouring or receipt of a child for the pur-
pose of exploitation shall be considered "trafficking in persons" even if it does not
involve any of the means set of paragraph a) of this Article;
d) The term "child" means any person under the age of eighteen.

Under Programme for the Elimination of Child Labour (IPEC) and the International La-
bour Organization (ILO),created in 1992, two agreements that were signed for the protection of
children's rights :

the Convention on the Worst Forms of Child Labour (No. 182), adopted in 1999
Recommendation on the Worst Forms of Child Labour Child (No. 190), adopted in 1999

The first commits signatory countries to the Convention to take immediate measures to
prohibit and eliminate the worst forms of child labour; the latter denounces the exploitation of
children in unacceptable working conditions.

21
New Hague Convention was signed on May 29, 1993, the second has its Article 1, is to:

a) establish safeguards to ensure that inter country adoptions are made taking into consideration the
interests of the child and with respect for fundamental rights, according to international law;

b) Establish a system of cooperation among the contracting states to ensure compliance to the said
guarantees and therefore prevent the abduction, sale or trafficking of children;
c) Ensure the recognition in Contracting States of adoptions made according to the convention.

African Charter on the Rights and Welfare of the Child


Article 1: Obligation of States Parties
3. Any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and
obligations contained in the present Charter shall be discouraged to the extent of such inconsis-
tency.
Article 2: Definition of a Child: For purposes of this Charter, a child means every human being below
the age of 18.
Article 3: Non-discrimination:
All children have the right to the enjoyment of the rights and freedoms recognized and guaranteed
in this Charter irrespective of the race of the child or their parents or legal guardians of their eth-
nic group, colour, sex, language, religion, political or other opinion, national and social origin, for-
tune, birth or other status.
Article 4: Best Interests of the Child
1. In all actions concerning the child as they are undertaken by any person or authority the best inter-
ests of the child shall be a primary consideration.
2. In all judicial or administrative proceedings affecting a child who is able to communicate their
views should be given [an] opportunity for the child's views are heard, either directly or through
an impartial representative as a party procedures and such opinions should be taken into account
by the relevant authority in accordance with the provisions of appropriate legislation.
Article 19: Parent Care and Protection
1. Every child has the right to care and protection of parents, whenever possible should have the
right to live with their parents. No child should be separated from their parents against their will,
except when determined by a judicial authority, in accordance with an appropriate law, that such
separation is in the best interest of the child.
2. Every child who is separated from one or both parents has the right to maintain personal relations
and direct contact with both parents on a regular basis.
3. If such separation results from the action of a State Party, it shall provide the child, or if appropri-
ate, another member of the family, the essential information concerning the whereabouts of the
absent member or members of the family. States Parties shall also ensure that the submission of
such a request involves no adverse consequence to the person or persons to which compliance is
made.

22
4.5 The Need to Differenciate Between Children on the Move and Trafficked
Children
An important consequential point, resulting from the Regional Seminar on "Children that Cross Fron-
tiers in Southern Africa" (Johannesburg, 2009), relates to the need to establish a broader framework that
can describe, more broadly, children who migrate.
With the goal of recognizing the complex and multifaceted experiences of children who migrate, and
in order to ensure that children who migrate are included in the existing framework, it is suggested that the
following be adopted:
Recognize that migration is not always a negative phenomenon. Our concern focuses on children who
are likely to become vulnerable through migration. Included in this group are children who have mi-
grated, whether accompanied or unaccompanied; having either documentation, or not; migrating vol-
untarily or involuntarily, and that:
- migrate within the borders of a single country
- they cross international borders
- live and work on the street
- are seeking asylum
- they cross borders accompanied by a guardian
- poor migrants and / or undocumented migrants
- living with transitional care providers, or who are seasonal workers
- are abandoned when care givers migrate
- are stateless children
- Have been trafficked for any purpose (including domestic labour, hard
labour or/and forced prostitution etc.)

Recognize that these categories also feature a dynamic and fluidic nature. They are not mutually ex-
clusive, and a child who migrates may fall into one of these categories, or several of them, or the situation
may evolve from one category to another. It is recommended that preference be given to the terminology
'children on the move' when we want to describe children who migrate, often in complex and varied ways.
A blurring of the term children on the move with migrant children, trafficked or undocumented may
lead to erroneous results and indeed cause a conflict with the interests of the child in accordance with the
definition in the African Charter on the Rights and Welfare of the Child.

23
DELIMITATION OF THE STUDY
5 This study aims to be regional, i.e. Southern Africa
FigurE 3:
Maps of
SADC
Source:Google

For methodological reasons the study focuses on Malawi, Mozambique (6), South Africa,
Swaziland, Zambia and Zimbabwe.
A vast and comprehensive study is initially extremely costly and somewhat productive
because it requires doubled efforts that could fall short of the intended purposes. A gradual
growth or completeness seemed as safe and as prudent.
Border areas were selected in order to illustrate that children are migrating in a risked
manner due to similarities in languages and cultures. It is easier to not notice that such chil-
dren are displaced due to the similarities in languages. This behaviour makes this target
group very vulnerable as predators that know of this are more likely to exploit it.
The collected data within every country also showed that this exposure makes these
children and adolescents vulnerable.
The research process included various kinds of constraints:
1. The time factor - the research was done in a short span of time. In little over
a month the team travelled to Malawi (Mwanza, Blantyre and Lilongwe, bor-
dering Zambia, South Africa (Komaiport, Tonga, Naas), Frontiers of Swazi-
land (Goba and Namaacha), Zimbabwe (Harare, Mutare) , Mozambique
(Namaacha, Ressano Garcia, Machipanda, Nhmapanda, Zobue);

2.Difficulty communicating with informants. Many of the potential informants did


not respond well to questions. Demonstrated fear, reservation and mistrust; the
nature of investigative work with many connotations to criminal activities poses
security problems and consequently the protection of information and the infor-
mants;

(6) In principle, the national study for Mozambique was to be conducted by Save the Children
(Mozambique). However, due to the proximity of the research area and the level of interference,
this survey also covered the country, albeit not very deeply. Due to the severity of the problem we
recommend that a study of Mozambique is conducted.

24
3. Financial restrictions: with limited research funds comes the restriction to travel and
reach more border areas and achieving a better understanding of the situation in a lar-
ger scale.

25
METHODOLOGY
6 The methodology used for this study was versatile and functional. It included a litera-
ture review, staying up to date with information from SADC countries and homogenising the
concept of children on the move. The bibliographic research permitted for a very productive
accumulation of international legal resources for the protection of children.

Thirty-six institutions were interviewed (see Annex 1) that are directly involved with
the protection of children's rights and government affiliations.

Semi-structured individual interviews were conducted with key informant, previously


selected focus groups (the International Organization for Migration, Lawyers, Journalists,
Customs, etc.).

We conducted a social audit (to check the level of domestic implementation and appli-
cation of international instruments, including the African Union).

Field observation led to greater understanding of the borders and land, in particular, it
allowed us to learn how to distinguish the physical aspects of the target groups, the presence
of risk assessment and risk behaviours. Psychological and social aspects were also observed,
from interviews with children and with the organizations they deal with. In relation to the
dynamics of migration we identified motivations and preferred routes (either for internal as
well as external migration). In addition, we were also able to identify the modus operandi of
the perpetrators (when possible) through conversations in what was said and left unsaid.

26
KEY FINDINGS
7 7.1 Target Group
This study focuses on children and the basic premise for this project is to defend the
rights of this group, with a particular focus on: the right to life, right to education, the right to
leisure entertainment, health and physical integrity, protection and family life. As was men-
tioned in chapter 4, in the context of the definition of the child, resorted to instruments
(especially international) emphatically and legally defend their status, rights and procedures
in their defence. The theoretical framework stresses the motion and underlying risk factor.
Based on the field work it was constituted that the children who are on the move and at risk
are children of both sexes, aged between 9 and 17 years of age. Although we were unable to
obtain statistics from our informants, it was recorded that the boys are employed to work
in the commercial farms (usually exploitative arduous labour) where they work, often with-
out pay. The boys are also used as street vendors or as assistants or orderlies night in tents.
The girls are used as domestic servants or prostitutes.
It is important to note the occupation of these children. Children that attend school are also
attracted to migration, whether or not it is risky. They believe that in migrating they would be
able to fulfil their dreams or to escape experiences that have caused trauma in their life.
While children that do not attend school are almost always attracted to risky migration and
thus are vulnerable to: exposure (the dangers of living in the streets, work that is not age ap-
propriate etc.). The table below shows the number of children exposed to more various situa-
tions.

Figure 4:
million Children Out of
School in 6
Mali African
Countries
Tanznia
Source:UNESCO
Moambique (20/10/2012)
Qunia

Sudo

Nigria
0 1 2 3 4 5 6 7 8

Nigri Etipi Quni Moa Burki Tanz frica Costa


Sudo RDC Gana Mali
a a a mbiq na nia do Sul do
em milhes 7 7 3.9 3.5 2.4 1.5 1.5 1.3 1.2 1.1 1 1

27
The framework presented here illustrates an estimated number of children that are out of
school in African countries. From the table above we observe that the problem is not only in the
region under study. We must take action to reverse the effects caused by poverty and poor social
security. It shows that there are fundamental rights being breeched in a wider spectrum. The ob-
server must question what future is expected for these children, how are they to develop?

Figure 5:
Comparison
Between Demand
and Supply at the
Level of Basic
Education 1992-
2008
Source: PEE, 2012-

Figure 6: Graph
Reflecting the Ratio
of Drop-outs in the
2nd to 7th Grade
(2007/11)
Source: PEE, 2012-
1016

A careful analysis of these figures shows that there is a high level of dropouts, which is directly
linked to problems with enforcing childrens rights. What are they solutions?

28
7.2 What characterizes them? What differentiates them?

Based on field observations at the markets in Komatiport (South Africa), Swaziland (Manzini
and Siteki) some strong signals stood out without much investigation. It was easy to identify chil-
dren outside of the "normal". The distinguishing characteristics allowed clear differentiation be-
tween children that were nationals and integrated into the system and children that stood out be-
cause of their irregular condition(7).

Below is a table with some physical signs easily detectable.

Nationals Foreigners ( mainly from Mozambique)

Clothing School Uniform Oversized or undersized dirty clothes with


holes and discoloration, oversized pants held
together with rope or cloth, slippers
Occupation Students Vendors on the street, in the market, hawkers,
unemployed
Attitude On the way to school, struc- Disoriented, almost like hanging out, sur-
tured rounded by grown-ups, lying on top of bags,
sitting around watching a small television
Orientation (guidance) Confident and well oriented Evasive. elusive and very much vulnerable

Surrounding environ- In homogenous groups In very heterogeneous groups , co living with


ment adults in the Market place and streets

The Story of Little Edson What resonates from this brief dialogue is the

Edson is a 13 year old boy. strangeness of the boys situation. Edson left his
"I'm from Manica and came here home country in search of El Dorado. Voluntarily?
(Komatiport) with my father. Now I am
selling here. It is clear that his parental figures are making
-What are you selling here in your mar- mistakes in the rearing of this child, but the truth
ket stall?
I sell folders. Yes I have normal folders is that this type of treatment is rampant in Mo-
and other ones for computers.
zambican society.
-Where is your father?
My father is at home doing other things.
Yes I would be home, but here is also
good.
-Did you go to school when you were in
Manica?
Yes, I was in 7th grade.
- Do you go to school here?
No, I'm not going school.

(7) In both countries the foreing c hildren that were identified originated from Mozambique.

29
The Story of Mariana (8)
Im 16 years old. My parents ?.... I dont know where they are. I used to live with my aunt, but she got
married and the family of her husband did not like me. I started coming to Swaziland with my aunt and
then with my girlfrinds to buy things and to get to know the place. A woman asked me to help her
with in the market. I go to Mozambique and sell things then I return with the money. She pays me. I
buy sandles in Namaacha or Maputo and I sell them here. People there like tennis shoes, sandles and
school shoes and blankets
No. I no longer go to school. I stopped at the 7th grade...
I usually arrange some money, its not alot but I can buy food and clothes. When I get sick my friend
stays with me.
(Mariana has a sickly appearance...she is thin and has very dry skin).
Have you gone to the hospital? No. I have never gone to a hospital
How old is your friend?
My friend is 19 years old. We have been friends since 2010. Her father sometimes comes, but her
mother does not live in that house.

These two dialogues illustrate the transfronteral mobility of children in various ways. In the
first case shows voyages made for a long term, while the second case indicates entrance and
departure on numerous occasions. The living situation pushes tehse children to search for a means
of survival and sustenance. In the first case the destruction of the family unit is not as evident,
though alarming, but in the second case her lack of a family to provide a safety net causes Mariana
( and her friends) to move from Mozambique to Swaziland.
From this brief presentation it is clear that there is a percentage of people in the region that call for
concentrated action to raise awareness or more structured action.

7.3 Migration (9)

7.3.1 Internal Migration


South Africa
Child migration in South Africa is based on the logic that children come looking for greener
pastures from all borders.
According to the interviews made with Ndukuya (Junior Citizen), Rachel Nkosi
(Masisukumeni) and Kulela (Vlakbult Home Based Care) the foundation of child migration is based
on two fundamental problems:

(i) labour exploitation (such as seasonal workers on commercial farms, as domestic


servants and as street sellers).

(ii) sexual exploitation (such as sex "slaves" subjected to a "pimp or master" who
has them in complete ignorance or usually holds them hostage working seasonal jobs
(8)Mariana is approximatly 16 years old but looks a a lot younger. She shows visible signs of needing
medical assistance. She has a chronic cough and very dry skin. From the interview we were left with
the feeling that she wasnt being fully truthful about her family, much more could have happened to
her. But she appears to be very confortable in the Manzini market. Two other girls aged between 16-
20 are actively listening in on the converstaion but they are not disposed to be interviewed.
(9) Terminology used by IOM/ OIM

30
domestic labour or forced prostitution).

In addition, awareness of these conditions are brought forth when the children themselves
file complaints against their abusers to local authorities or when an aware adult recognises the
situation and reports it.

Migratory movements are observed in various directions:


Internally, within each country, usually the less developed centres to the capital,
where there are greater job opportunities.

In South Africa, this movement is great, but more controlled, however we have no fig-
ures to illustrate this flow. According to Rachel Nkosi (Masisukumeni), children are eas-
ily retrieved within South African borders and can be integrated in the system: they can
return to school or simply find host families.

National Capitals

Provincial Capitals
Rural Locations

Province District

Figure 7: Migration Cycles for Internal and Transforterial Migration

Mozambique

In Mozambique, as in most cases, migration is oriented from small townships to major cities. Cities
are targeted for various reasons such as: better opportunities, anonymity inscribed by absorption
into large crowds: the "fetish" of modernity / urbanity / fad influenced by the voice (or visions re-
ports - television, etc.).

In the cases in Mozambique it was observed that migration was instigated by the search for
better living conditions and opportunities. For that reason people from rural areas

31
migrate to the cities for several reasons:
Maputo: interviews with six children in Malhampsene supported the above stated rea-
sons. These boys sell credit and other products on the roadside of the N4. These boys
came from Zambezia (4) and Nampula (2).
Matola: interviewed 70 young men in Boane that also sell credit (3) and others working
as helpers in construction (3, Inhambane, 1, Gaza).
Boane: In the village of Boane we also identified youth (4) selling credit. They come
from Xitevel area. In Boane these cases are normal. Over 75% of the youth who sell
credit are between the ages of 13 to 15 years and are not local. Most do not go to school.
Only two (2) of the interviewed youngsters go to school.
Tete: Recently young people have been going to Tete, to find job opportunities in the
mining industry (mainly illegal work) and associated vending it (sale of food, water,
etc.);
According to our informants young people will also go to Tete to search for job oppor-
tunities in the mining industry (mainly illegal work) or they will migrate there to work
commercially selling food, water, soft drinks, beer and sadly also be lured into child
prostitution);
Chimoio: has also become a favourite destination for these youngsters because of the
opportunities that the mining industry provides. (although it is illegal)
Where are the young adults?
When we did drive by small villages there was little to no activity in them, which is quite un-
usual for Mozambique. Also it is normal to see youngsters selling their goods on the road, on this

Tete to Malawi (Mwanza): On the road to Mwanza coming from Tete we came across many children
on the roadside, usually alone aged between 5 and 6 years of age. There were no visible schools, or
hospitals and the land was very dry and the crops didnt seem to be producing much. There no teenag-
ers or young adults to be seen as well as secondary schools

trajectory there wasnt any of this present. Its an indication that perhaps the young adults have
migrated or have been caught in the devastation of AIDS/HIV. If migration is the case then the
young men have moved to Chimoio looking for greener pastures in the mining industry. As for the
young girls, we assume that they have gone to the bigger cities to work as domestic workers or Ba-
bas (10).

(10) Babas are women /girls who care for babies. Many mothers prefer young girls because they are
more obedient and accept living in the house (do not have their own children and are not late). There
are still factors of marital and social nature by virtue of innocence attributed to them. (Note interview:
Maputo, 2012)

32
Malawi
In Malawi internal migration is notorious, the In Malawi there is a degradation of the so-
most visible propeller of this type of migration is the cial fabric. There is very little awareness in
the youth about the dangers of trafficking or
newly developed railway line from Moatize to- Nacala
travelling alone. At night there are many
(11), a consequence of the development of coal mining children alone, in public and unsafe like in
in Tete, Moatize to be transported to Nacala. Many front of a hotel that is also used as a brothel
young people ( 12-17 years old) voluntarily migrate to or other places where the night life places
with air left in unsafe places like brothels
strategic locations (near the railway line), and young
and places normally frequented by adults an
women prostitute themselves or marry the railway attraction. At about 20:00 a child of approxi-
workers. These workers are flooded with an inflow of mately 5/6 years was apparently abandoned
(alone) sitting on the stairs of a public place
young girls, so when they move locations to continue the
near a brothel. This child was at risk.
building of the railway they have the option of trading in
the girl he married for a younger one, so sometimes the girls are left behind pregnant and without
anyone to care for them or their babies. Therefore creating a vicious circle of children that will
grow up to be vulnerable and at risk. When these ends of the construction of a phase line and mov-
ing to the next stage, sometimes are accompanied by, but sometimes these are abandoned at the
time when the workers move to another job. There are cases where after they become pregnant are
also abandoned (Mwanza, 2012).

According to the authorities (12), the season that is most striking in illustrating the move-
ment of children is during the period is that the Evangelical churches emerge as one of the major
causes for fuelling irregular movements of children. This usually happens during holiday seasons
and especially during the Christmas celebrations. "Last year we intercepted a van with more than
100 undocumented children. The pastor claimed that the children were going to Mozambique and
then to Swaziland for a religious celebration. Normally we ask for a letter of parental consent in addi-
tion to passports and the children had no such documents". But since they did not have the necessary
documentation they were not given permission to cross the border. But that does not mean that they
could not have used another border.

In these types of situations the authorities are unable to enact a punitive


measure due to the lack of a clear legislation that forbids the transportation
or trafficking of children. Normally there are no complainants, (because
there is no law) which makes the work difficult. Parents do not complain
because they are not aware of laws due to sheer ignorance and they rely on
the childs labour to run the household or they seek closeness to the church
as a favourable condition that will bring monetary benefits.

(11) The railroad is used to transport coal from Tete to Nacala to be exported abroad.
(12) Cf. Annex 2

33
Many young people are recruited into prostitution by bar owners as In the absence of clear legisla-
tion, many cases remain with-
"attractions or fetishes" for business and marketing purposes. This is a cy- out proper arbitration and con-
sequently unpunished perpe-
clical movement, as the girls usually aged between 13 and 17 years are re-
trators.
cruited on a continuous and systematic basis. Because when the girls ob-
tain enough money or get married they leave the bar attraction job causing the owners to recruit
a fresh batch of young girls to substitute those he has lost. The bar owner recruits these girls from
the rural areas, where the girls are less aware of what such jobs are all about. "Everybody knows,
but nobody does anything. Sometimes the person who makes or causes this movement has no
awareness of what the implication of his actions lead to displaced children, and that employ-
ing children to work in bars is a crime. "

Domestic work is also a major challenge for the authorities. Children are "offered" by parents who,
knowingly or unknowingly put their children's lives in danger.

Statistics of children that work and attend school Figura 8: Primary Comple-
Children Age % tion Rate: Data from 2010.

Enrolled in school 5-14 79.5% Source: UNESCO Institute for


Statistics, 2012.(1)All other
Working 5-14 33.6% data: Understanding Chil-
Does not attend school 5-14 22.5% drens Work Projects analy-
sis.
7-14 36.7%
Combines work and school

In accordance with this table more than 24% of children do not complete primary education.
This is an alarming indicator. It raises questions regarding the whereabouts of these children.
Our biggest challenge is to have statistical numbers. Even in the Murambachina (movement
that displaced many Zimbabweans) there are no numbers. There is a video produced by a Zimbab-
wean national that is very illustrative. You know what happened to the video? It was confiscated
and the author jailed .... Said Mrs. Mafadza from SIMUKAI, a Non Governmental Organization with
offices in Mutare, Chipinge and Rusape. We work with homeless children. And we face many chal-
lenges to put these children in schools. We care for 40-50 children of all ages.
From Malawi's we obtained this data as indicators that illustrate a situation where many chil-
dren (an average of 22.5%) are not enrolled in school. The question is where are they?

34
4 million children work in Malawi (Henri Phoya, 2010), 41% of children under the age of 15
work part time or full time, and 78% of children (10 to 14 years old) in rural areas work at least
part-time in family farms. Most of these children work in tobacco farms, herding cattle or goats,
fishing, doing informal sales in the streets or at the road side and also doing domestic work. It is
clear to say that children are being exploited in this country (Chirambo (13)).

These figures are worrying, to think that


because of the HIV/AIDS pandemic,
many children have become the sole
bread winners for their households,
forcing them to combine school with a
Zimbabwe demanding work activity.

In Zimbabwe the movement of children is based on social, economic and political reasons.
According to Bishop C. Mutumi "Many children are taken to juvenile training centres. These children
are often taken from their parents without their consent (...). What message can we take this? These
girls when they go out there, many of them are very angry. We have seen many children angry. Many
can kill and nobody wants to know the reasons, the motivations for these young people. These chal-
lenges are terrible for the Zimbabwean society. "

To leave home in search of solutions to problems is a great challenge for many young people.
But the end is not always happy, there must be a campaign to educate young people and parents,
said the Rev. Abel Waziweyi of the Anglican Church, in order to avoid that the unhappy endings be-
come the norm.

In Zimbabwe, migration is stimulated by social, economic and political forces. According to


Bishop C. Mutumi "many children are taken to training centres or youth training. These children
are often unwillingly taken from their parents. (...). What message can we take from this? These
girls when they go out there, many of them are very angry. We have seen many children angry.
Many can kill and nobody wants to know the reasons, the motivations of these young people. Chal-
lenges are terrible for the Zimbabwean society ... "
To leave home in search of solutions to problems is a challenge for many young people. But
the end is not always happy, there must be mobilization campaigns and education for young people
and for parents (Rev. Abel Waziweyi, Anglican Church).
Our biggest challenge is to have numbers. Even the Murambachina (movement that displaced
many Zimbabweans) no numbers. There is a video produced by a compatriot, very illustrative. You
know what happened to the video? Was confiscated ... and the author stuck! (Mrs. Mafadza of SIMU-
KAI, Non-Governmental Organization with offices in Mutare, Chipinge and Rusape).

(13) http://digitaljournal.com/article/293982#ixzz2ARFBff9g

35
It is estimated that in Zimbabwe there are 1.3 million orphaned children. Of these, about
100,000 survive on their own in child-headed households, often working as street vendors.
It is estimated that between 3,000 and 1,500 unaccompanied children migrate within the country
and to South Africa every month. These kids are going to find work harvesting crops on commercial
farms (cotton, tea and tobacco) and or work in houses.
Children are exploited in diamond, gold, chrome and tin mines, they often work in dangerous
conditions like extracting material from quarries and underground passages. Children in mining,
particularly in Marange, working long hours in unhealthy conditions. Other children work as do-
mestic servants and may be exposed to long hours of work and physical or sexual exploitation.
Children that work on the street are vulnerable to a number of hazards: severe weather, acci-
dents caused by proximity to vehicles, and vulnerability to all sorts of crime. Children are trafficked
to Zimbabwes border towns or to neighbouring countries (Botswana, Mozambique and South Af-
rica) where they are used for forced labour, agriculture and domestic service and commercial sex-
ual exploitation.
In Zimbabwe, there are reports of young people as young as 12 years of age who are traf-
ficked along the Zambezi river and taken to the port of Beira in Mozambique and Manica. Children
are sexually exploited by taxi drivers and drivers (truckers) in exchange for long-haul transporta-
tion and through unofficial borders with South Africa .
A YOUTH LIVE, a Christian organization that does prevention work in schools and have been
able to raise awareness to over 14,000 children and young people.
SIMUKAI works with homeless children. "We face many challenges to put children in schools. We
care for 40-50 young children a year. "

Zambia
Zambia is witnessing staggering numbers of internal child migration, the prospect of seeking better
living conditions result in child labour in commercial farms and as domestic workers. "It is very dif-
ficult to understand who is Zambian, Malawian and Mozambican because of the common language
and of mixed marriages."

Swaziland
Swaziland seems to be a country that is controlled in terms of internal migration, because
children are rarely seen without uniforms in public places. Concluding thereby that they are school
going students. However, there is data that indicate that only 76.9% of students finish primary
school.
According to the United State Department of Labours Bureau of International Labour Affairs, only
about 23.1% of Swazilands children do not complete high school.

36
At break time, usually between midday and 13:00 pm, children in homogeneous groups move
through the streets. Children that are younger than 10 years usually are accompanied by an adult
or are with a large group of children. As you drive towards to border towns near the border with
Namaacha you see that those patterns of protection dissipate. You will find that children are more
at risk there.
There is a strong presence of policemen on the streets, walking the same routs as the children
are. We recommend, however, further study because it is known that this is a country with high
rates of HIV / AIDS and a high number of orphans due to this pandemic.

Figure 9: Primary Completion


Children Age Percent Rate: Data from 2010,
Age % Source: published by UNESCO In-
stitute for Statistics, 2012.(1)
Working 5-14 ------- All other data: Understanding Chil-
---- drens Work Projects analysis.
Enrolled in school 5-14 -------
-----
Combine school and work 7-14 -------
-----

Percentage 76.9

More than 24% of children do not complete primary education, this is a disturbing indicator.
What is their occupation? What are they doing?

7.3.2. International Migration

International migration, that is migration from one country to another is also motivated by
the same stressors (escaping for poverty) and the search for better opportunities (greener pas-
tures). The influx indicated that:

A majority of the influx of people is headed towards South Africa, and Mozambique
ranks as second migration destination because of the mines. Zambia comes in third
place. Migrating is usually caused by social and economic insecurity and it affects both
families as a whole and but especially the children.

Many Mozambican children use specific borders to enter South Africa and Komatiport,
Naas (30 km from the border) and Tonga are transit locations. Children do not stay long
at these locations; they just work to get enough funds to make it to a bigger city. Accord-
ing to Vusi Ndukuya, from Junior Citizen (RSA), it is difficult to see the same children
over six months at the border towns. They seek new opportunities in larger cities. He
also further elaborated that there is a demand

37
for youngsters at the market place and that the supply can be easily arranged and deliv-
ery would only depend on the number of children that someone orders (50, 100, 200).

These children are used in heavy labour, under the same condition as slavery in the
commercial farms that abound in the region or as domestic servants, or as street ven-
dors, or as people carrying heavy material. These findings were observed to be true
during the filed study. Within 20 minutes of observation in a market near the Mozambi-
can and Swazi borders (Komatiport), the researchers counted more than 20 young boys
working in the market doing different tasks, these children were mainly from Mozambi-
can market. According Vusi, one can find more than 200 children without much effort.
Which means that there are more cases that are heard about of undocumented children
that are at risk.

Within 20 minutes of observation we had seen more than 20 children of Mozambican origin in the Komati-
port market. According Vusi, one can find more than 200 children without much effort. Which means that
there are more undocumented and risk children that fall through the cracks.

Total Population based on age Figure 10: Illustration of


Zimbabwen populations living in
Mozambique 2128 .(by age)

> 20 Source: ZIMOSA

21-30

31-40

41 +

A recent study from ZIMOSA (2009), presents important data on the presence of Zimbabwean
migrants in Mozambique. Although the study was not limited to the movement of children, it re-
veals statistics that allow us to understand how wide spread the problem is, by giving us numbers
that we can work with and use to project estimates. Please note the ages that are being indicated, in
this framework all individuals under 18 years of age are automatically under the first group that
can be applicable to our study.

Although the other age groups are not relevant they are useful in illustrating that these adults
could constitute parents that are separated from their children, thus creating another way to quan-
tify the number of children that are vulnerable.

38
The table below, shows data from the same source also underlining the dynamics of a foreign
community, specifically Zimbabwe, scattered in all provinces of Mozambique, with a clearer indica-
tion of the age groups and their dependants. The study also elaborates on other factors such as the
indicators of vulnerability: food (reduced number of meals per day), health, warmth and cover (no
blankets), etc.
The Zimbabwean, a newspaper, on Friday, 5th of September 27, 2012, feature an interesting
article titled "Children Behind Bars: Teenage migrants detained in South Africa." This reports the
case of youngster Dakari (17 years), who lives in South Africa and was arrested for not having
documents. He migrated to the country when he was 14 years because his friends convinced him.

Zambia
According to the Journal of borders in Zambia, many children of Malawi (of uncertain nation-
ality) on indefinite number, crossing the border to Zambia.
A Journal of the Immigration Service said that there are clear cases of trafficking, as we note a mis-
match between the costumes, luggage (very poor), which contrasts with the view of a passport,
which costs more than $ 250 equivalent. In her opinion, the passports can be purchased by anyone
who has an interest in transporting such persons to Zambia. [This press is not designed for security
reasons].
According to J. Chikoma, official migration, the months of greatest flow of youth movement to
Zambia from August to December are: there are groups and individuals who enter the country be-
cause of the harvesting period in farms. These are cheap labour for farmers. The age of the children
ranges from 16 onwards. Most worrisome is the group of girls who are much younger. But only one
gets to know of cases when there are conflicts (or other work). In these cases, they often use the
services and migration is when it learns that such cases exist.
Similarly, Zambians go South Africa for the same reasons. The weaker boundaries are sought
by this group of people.

Malawi
In Malawi authorities interviewed said that many young people under 18 years are going to
other countries. Although there is control, there is a lot of information that escapes, because each of
the departments not communicating, keeps information available. They know, however, that due to
the development of extractive mining activities in Mozambique, many young people migrate to this
country hoping to have a different life. Whether Malawian or Zambian.
Girls marry prematurely with workers from Moatize rail line - Nacala. The boys go to Tete for
underground mining. The mines do not offer any security. There are frequent collapses where chil-
dren are buried alive. How many are trapped within the underground labyrinths? When this hap-
pens the miners (both legal and illegal) simply cover up the mines and continue on. They hire a
new group of male teenagers and disregard the ones the ones that die or are buried alive in the
mines.

39
In times of religious holidays many children are convinced to cross borders in the name of faith.
"Who knows what the real intentions of the supposed shepherds?"
These and other reasons have been given for child migration. Often with the connivance or knowledge of
their parents.

Mozambique
Interviewee Mr. Hansine, of Chimoio, said that in Manica there is well established organised crime.
There are disappearances of people, and some are found without body parts. Recruiters for these crime
groups offer false promises of work or scholarships and lead young people and even children into their
trap. Parents that are fooled into these schemes give their parental consent and sent their children away
with the criminals, unaware that their children will suffer at their hands. At the same time the criminals
are also recruiting young children to enter their criminal organisation, to become thieves and killers them-
selves.
There is the testimony from a 17 year old boy who went to South Africa years before with the prom-
ise that he was going to study. He was shocked that when he arrived in South Africa he was being trained
to rob and kill. When he realized the danger he was in he managed to escape. The 17 year old says that he
could recognise the area if needed but that no one would come forward to talk because they are afraid. His
parents are also afraid that their son may be killed because of knowing too much abut these organised
criminals. The province of Nampula is affected gravely by this type of crime.

40
PROCEDURES : DOMESTIC APPLICATION OF INTER-
8 NATIONAL LEGAL INSTRUMENTS
In this chapter, we analyse the procedures taken in all countries visited in handling
cases of children that are on the move and that are very much at risk. The opportunity was
taken to also conduct social auditing of the organisations that collaborated with the study.
The main focus when the auditing were to check if there are procedures in place, and know-
ing if the country had adopted international legal instruments or if there were pre existing
national laws that could be used to protect children.

South Africa
South Africa has a law against human trafficking awaiting legislative approval. Mean-
while the courts rely on various laws and procedures to address cases of child abuse. The
country has ratified international instruments to protect children.

The Children's Law Act, 2008, Criminal Law (Sexual Offences and related matters) Amend-
ment of 323, 2007, Children's Act Amendment prohibits the use of children for slavery or simi-
lar practices, trafficking, commercial sexual exploitation and other illegal activities. The law
was enacted by President Thabo Mbeki in March 2008 and was officially implemented on 1
April 2010.

The amendment of the Criminal Law, Law 32 of 2007, defines and criminalizes trafficking in
persons for sexual exploitation. On May 7, 2009, the President signed the Law for Children,
Law No. 75 of 2008. This Act was implemented on April 1, 2010. The law allows the diversion
of young offenders from the formal criminal justice system to alternative forms of justice, such
as victim-offender and family councils.

The Act calls for the creation of centres of children and justice for the prosecution of adults
who use children for illicit activities.

When an adult forces a child to commit a crime, the law requires judicial officers to consider
this act to determine the child's placement in the justice system.

In September 2009, the Government of South Africa has ratified the Optional Protocol to the
Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.

The National Prosecution Authority (NPA) deals with cases of human trafficking. The Sexual
Offences and Community Affairs Unit (SOCA). Within the NPA a work team composed of the
Departments of Labour, Home Affairs, Justice and Social Development, and other representa-
tives of national law enforcement comes Trafficking in Persons.

South Africa has ratified various international legal instruments namely:


The ILO C 38, Age Minimum Working on Worst Forms of Child Labour
Optional Protocol to the Convention on the Rights of the Child on the involve-
ment of children in armed conflict (2000)

41
The CRC Optional on Sale, Prostitution and Child Pornography
Palermo Protocol on Trafficking in Persons
The minimum age for work (15)
Minimum Age for the Worst Forms of Child Labour (Labour Dangerous) (18

Age of Compulsory Education (15)

In South Africa the procedures vary according to the origin of the children. NGOs closely work
with state institutions, including Children's Social Services and the police, who are often ready to
answer for the child and taking care of legal matters and offering shelter. The procedures are uni-
form. When children are in South Africa, they are placed in schools or in host homes,
(Masisukumeni, Amazing Grace, Kamaqhekeza, Vlakbult Home Based). These organizations seek to
protect and integrate children in education and health care. There is a list of procedures to be com-
plied with:
1. call
2. collection
3. child care
4. take her to the hospital or to the police
5. lead him/her to the border, or lead them to their families through the help of organiza-
tions
All these steps are observed according to the rules. When the child shows evidence of rape or
sexual abuse, they are taken to the hospital and the police for further investigation, recording of
events and eventually to file a case.
In the case of Mozambican children in South Africa legal documentation is sought at the Mo-
zambican Consulate. Organisations like Amazing Grace keep the children at their hospices and also
help the child complete his education.
What about cases where children are ready to enter university? The answer to this is that
only South African nationals can enjoy the scholarships offered at the universities. So the child
would have to become a South African national to enter university, but first the child would need to
have legal documentation.

There are strong obstacles when it comes to returning children to the border of the country
of origin. In the past it has been observed that children would return to the places where they had
been collected. Only this time they would be smarter and avoid any contact with the organisations
in fear of being returned to the border. But today, thanks to an agreement signed with Save the
Children, organisations now work at locating the families of these children and then slowly reinte-
grating the child into that structure. The fear is that children would be reprimanded by their fami-
lies once they are repatriated. This then causes the child to escape and reappear in South African
territory, meaning there is total lack of control in the home country.

42
Organisations and Support Centres Contacted in South Africa
Organisations Services
Kamaqhekeza (NGO, Centre) Social support and family
Vlakbult Home Based (Centre) reintegration
Amazing Grace (Centre) Services of reunification with
Masisukumeni (Centre) families
Psychological Support
Legal support, documentation
Shelter and protection
Education

Other Institutions Services


Public Procecutors Legal Support
Mozambican Councellor Services Protection
Police Protection
Hospitals Physical and psychological
Social Services health
Protection, legal support,
physical and psychological
health, clothing

Malawi
Malawi has no law against human trafficking, but there is a bill. Problems are solved using the
Constitution but because there is no law against trafficking the cases are not always solved in a satis-
factory manner.
There is a lack of communication between institutions, "the numbers are there, but they are
not shared. Concerns exist, but we do not share our views and we do not come together to find the
solution."
Above all, there is a lack of border control or within the mainland. "Often the problems go un-
solved because the chains: since parents are not educated about human trafficking they do not place
complaints when their children go missing, the children do not know their rights so they also do not
step forward when presented with an opportunity."
There is evidence that there is child trafficking in Malawi, but without a direct and specific law
stopping trafficking activities and putting perpetrators behind bards cannot be consistent. Malawi
laws stipulate that for a child to leave its borders the cjild must have authorisation from the police or
his parents or traditional authorities or legal guardians. Without the authority of any of the guardi-
ans stated prior the child would be sent back. But this does not mean that those that seek to take the
child abroad cant take the child out using unofficial border crossings.

43
Review of the Adoption of Children Act (Cap.
26:01) of the Laws of Malawi:
The adoption of the Children's Act was enacted in 1949.
After several minor changes, a Special Law Commission
was appointed in 2009 to conduct a comprehensive review
of the law. This work began in September 2009 and was
formally completed on October 7, 2011, the Special Com-
mittee on the Review of the Adoption of Children Act held a
press conference to present its final conclusions and rec-
ommendations for the nation. The press conference took Source: telegraph.co.uk
place at 18.00 hours the Capital Hotel, Lilongwe.

Organisations and Support Centres Contacted in Malawi


Organisations Services
Guidance, Counselling & Youth Develop- Education, protection, raising awareness
ment Centre for Africa (an Organization of
Raising awarness, social protection and legal
Ministers of Education in Africa
support
Eye of the Child
Fiscal protection, psychological support ,
Salvation Army
Association for Progressive Women shelter , clothing and alimentation, education
Mwanza Police
and social support
Mwaza Police Station
Mwanza Boarder - Immigration Depart- Raising awarness , protection, social and
ment
legal support, physical protection and
Mwanza Social Welfare Officer Mwanza
District Commission psychological support
National Civic Education Initiative
Ibid
Social Welfare
Mwanza District Hospital Ibid
Group Village Head man Nchotseni
Ibid
Mwanza Boarder Police
Child Protection Ibid
Mwanza Magistrate Court
Ibid
Mwanza District Council

Zimbabwe

In Zimbabwe, there is no law against human trafficking. But there is a strong movement of
conscious awareness and safe migration. In an interview with SIMUKAI YOUTH LIVE and with the
Bishops and it Mutimi Muchangaidza it became clear many young people, among them children mi-
grate alone or with company. The procedures are not homogeneous. Each organization makes its
own initiatives to combat the problem.
Normally, When It Comes to national children, they have a right to be protected and for-
warded to the host institutions, healthcare and education.

44
Zimbabwe has ratified various international legal instruments namely:
Zimbabwe's Constitution prohibits forced labour, including forced child labour.

The Law on Labour Relations establishes 15 as the minimum age for employment. The law prohibits
employers from hiring a person younger (under 18 years) to perform hazardous work.

Hazardous work is defined in the Child Protection and Adoption Amendment of 2001, including any
work that endangers or interferes with the education of a child; involves contact with hazardous sub-
stances, electronically-powered hand tools, cutting tools or blades grinding; involves underground
mining; jobs that expose a child to extreme heat, cold or intense noise, or requiring a child to work the
night shift.

Zimbabwe Law does not establish an age or period of study, which is compulsory for all children.
Provisions of the Sexual Offences Act, the Children's Act, and the Law of Censorship and Entertainment
Control prohibits sexual crimes against children, such as pornography, prostitution and other forms of
child sexual abuse.

The National Service Act of 1979 prohibits persons under 18 to participate in voluntary or compulsory
military service.

Zimbabwe has not ratified:


The Convention on the Rights of the Child
The C138, on the Minimum Age for Admission to Employment
The C182 About the Worst Forms of Child Labour
The Minimum Working Age (15)
The CRC Optional on Sale, Prostitution and Child Pornography
Palermo Protocol on Trafficking in Persons
Convention on Armed Conflict

Organisations and Support Centres Contacted in Zimbabwe


Organisations Services

SIMUKAI Support for children that live or


YOUTH LIVE lwork on the street
Childline Zimbabwe Prevention and training against all
Child Hepline forms of abuse
General Hospital Mutare Counceling and support services for
Bishop Patrick Mutume children in the whole country
(Auxiliary Bishop, Diocese of Mutare) Physical assistance and
Tongongara Centre psychological support
Nyanome Centre Physical assistance and
St. Bakhita Centre psychological support, clothing
The Mother of Peace Community is a Catholic in Physical assistance and
Mutoko (Mashnaland East Province) psychological support,clothing and
alimentation
Physical assistance and
psychological support, clothing and
alimentation

45
Zambia
Zambia's Ministry of Labour and Social Security (MTSS), who serves as chairman of the Na-
tional Committee on Child Labour, monitors and develops policies on the worst forms of child la-
bour. The MLSS Child Labour Unit (CLU) provides expertise and coordinates all the worst forms of
child labour activities and programs to eliminate child labour in Zambia, including the activities of
the 16 district committees of child labour throughout the country. These committees are increas-
ingly aware of the worst forms of child labour and are monitoring the implementation of programs
of child labour at the level of districts and villages.

The Ministry of Labour and Social Security works closely with the Ministry of Youth, Sport and Child
Development (Directorate of Children's Affairs), Police Unit Victim Support (VSU), the Joint Child Pro-
tection Unit, the Ministry of Justice, the Ministry of Community Development and Social Services
(MCDSS), the Child Protection Unit of the Street Districts and the Drug Enforcement Commission.

Ministry of Labour inspectors inspect workplaces, including family homes and agricultural fields to
investigate allegations of child labour. The violators of child labour laws are fined or receive counsel-
ling.
A series of policies that Zambia could benefit children who currently work do not focus on the worst
forms of child labour. These include the Poverty Reduction (2007), the National Youth Policy (2006),
the National Strategy on Children, Youth and Sports Development (2006), the National Employment
Policy and Labour Market (2005), and Development assistance Framework United Nations (2011-16).

Zambia has ratified various international legal instruments namely:


The Convention on the Rights of the Child
The Convention 138 on Minimum Age for Employment
The Convention on the Worst Forms of Child Labour
Zambia has not ratified:

The CRC Optional on Sale, Prostitution and Child Pornography


Palermo Protocol on Trafficking in Persons
Convention on Armed Conflict
In Zambia, the procedures also vary. Children are deported without any form of verification.
In Chipata, there is news of deportation and exchange of prisoners held in circumstances formal-
ized and regular .

Organisations and Support Centres Contacted in Zambia


Organisations Services
Youth on the Move Education
Raising Awarness
Chipata Rehabilitation Center
Legal support,physical and psychological
Radio Maria - Chipata health
Physical and psychological
Immigration Chipata
support,edication and clothing
Chipata Police
Mthunzi Centre

46
Swaziland
In Swaziland the Criminal Act criminalizes prostitution. The draft Law on Sexual Offences and
Domestic Violence aims specifically prohibit child prostitution and to provide stricter penalties,
however, the law has yet to be enacted. The law prohibits pornography.
And no law that prohibits the use, procuring or offering of a child for illicit activities. Laws
against Trafficking and Smuggling of Persons criminalizes trafficking, covering both domestic and
international forms of trafficking by penalizing offenders up to 25 years in prison for trafficking in
children for any purpose. The law also provides compensation to victims through a fine for offend-
ers. The Constitution prohibits slavery and forced labour. It also argues that a child has the right to
be protected from work that constitutes a threat to health, education or development. The Umbutfo
Swaziland Defence Force Act sets the minimum age for voluntary recruitment and conscription into
military service at age 18. [USWDLBILA]

Swaziland has not ratified the Palermo Protocol. The minimum age for employment is 15
years of age .

Organisations and Support Centres Contacted in Swaziland


Organisations Services

Save the Children Raising awarness, advocacy, legal support and


psychological health
The Technical Working Group c/o minis-
Constituted for the elaboration of the State
try of Health and Social Welfare
Directory for Children. It stipulates the
measures to be taken by the state to
implement the CRC.

Mozambique
Mozambique is a transit and destination country. However, many children also leave the
country in search of opportunities. In this country there are several tools that protect children:
The Constitution
the Law on Trafficking in Persons Law 8/2008,
Law on Child Protection,
Law on Jurisdictional Organization for Minors.
Resolution 42/99 ratifying the Convention on the Rights of the Child,
Resolution 42/2002 ratifies the UN Convention on the Rights of the Child on the Involve-
ment of Children in Armed Conflict,
Resolution 87/2002 ratifies the Additional Protocol to the Convention United Nations
Convention against Transnational Organized Crime on the Prevention and Punish Traf-
ficking in Persons,
Resolution 88/2002 ratifies the Additional Protocol to the UN Convention against Trans-
national Crime against the Smuggling of Migrants by Land, Sea and Air;
47
Resolution 5/2003 ratifies the Convention 138 on the Minimum Age for Admission to Em-
ployment;
Resolution 20 / 98 ratifies the accession of the Republic of Mozambique to the African
Charter on the Rights and Welfare of the Child,
Resolution 6/2003 ratifies the Convention 182 on the Prohibition and Elimination of the
Worst Forms of Child Labour;
Decree 44/2007 on procedures for the recognition of youth associations.
Mozambique also signed the Declaration Against Child Labour CPLP, which calls for an
Action Plan and aims to eliminate child labour by 2016.
Mozambique adopted the Strategic Action Plan to combat human trafficking, particularly of
women and children SADC, an inter-ministerial meeting in 2009.
It should be noted that in the course of the research, many voices have highlighted the fact that de-
spite the legislation being firm, there is evident lacking basic work for the fulfilment of these laws.

Organisations and Support Centres Contacted in Mozambique


Organisations Services
Continuadores de Moambique Raising awarness, protection of Childrens
Red Cross Mozambique Rights, psychological support
FDC Fundation for the Developmet of the
Cummity Advocacy, raising awarness ,protection of
Organisation for Mozambican Women Childrens Rights, physical and
The Southern Africa Network Against psychological support
Trafficking and Abuse of Children
Network Came (Rede CAME) Physical protection, psychological and legal
Network for Children (Rede da Criana) support
Save the Children Internacional
Centre for Psycological Rehabilitation
Procecutors of the Republic
Police of the Republic of Mozambique
Meninos de Moambique
Ministry of Women and Social Action

48
BORDERS
9 It is important to indicate the framework of the borders in
order to illustrate the scenes presented in the study.
The borders of Machipanda Mozambique (Manica), Zobwe
(Tete), Namaacha are easy crossing without much control. Usu-
ally They are filled with people to exchange money, mixed with
travellers wanting to cross. Apparently the Authorities are aware
of this problem because the Lusa news 04.10.2012 Indicates that
"... the borders of Mozambique to Zimbabwe are being smuggled
bales of shoes, used clothing and beverages. Already Zimbabwe
to Mozambique, police are facing the problem of cigarette smug-
gling (in tons) to feed the country and neighbouring South Af-
rica's police guards border of Mozambique and Zimbabwe met
today in Manica, is devise a strategy to clear the area and reaf-
firm the border That divides the two countries, for greater pres-
ence and conduct of patrols, and retract violations and smuggling.
Another news of the Jornal do Brazil (12/10/2012) That reports the IOM opened a ser-
vice centre on the border between Zimbabwe and Mozambique, to the IOM said, Hungarian of
migrants crossing the border into Mozambique with Zimbabwe in search of work or political
asylum in South Africa The agency notes unaccompanied minors and women That the Major-
ity of migrants form Treated at the centre.
According to Radio Mozambique (1 October 2012) Mozambique and Malawi share an
extensive frontier spanning over nine hundred miles with no barriers or wall delineating the
border, which makes the area vulnerable to criminal activity.

Mozambican and Malawian police will begin an intensive operation along this border in
order wring in the criminal tide that permeates both countries, particularly in the districts of
Angnia, in Tete province and Dedza, central Malawi.

Cleig Yousuf, Dedza police chief, spoke at the end of the encounter, acknowledging the surge
in child trafficking and theft of vehicles between the two countries, saying that it is due pri-
marily to the lack of manpower to patrol the border . (...) (With Faustino Church in Blantyre).

Zimbabwe's borders are much more organized , and there are posters informing on
lookers about human trafficking. In the borders shared between Mozambique and Swaziland
organization and preventative information is very much lacking .

49
Mozambique

Malawi

New passports on the hands of people without


adequate travelling gear ( using plastic bags)
are one of the indicators of trafficking.

50
NUMERICAL PROJECTIONS
10 Malawi

Having a population reaching approximatly 16,323,044 (July 2012 statistics), the estimates
for this country take into account the effects of HIV / AIDS. This indicates that there is a high
mortality rate not only in children, but also a slowdown in population growth. [Source: World
Index]
The Zambian border sees an average of 40 children / month crossing the border legally. We
are only to assume that the number of youth that cross the border at illegal borders is double
that amount.
Figure 11 : Annual
Projection of
Children Migrating
Through Official
Borders

The Salvation Army, an organization that has strong ties with the church and has been opera-
tional since 2006 has a very strong anti-trafficking campaign. They care for 20 children per
month who have been victims of trafficking.

After one year this organization cares for 240 children


Figure 12:
Framework of
Children Helped
by the Salvation
Army

51
Figure 13:
Number of
number of child protection cases Child Protec-
tion Cases

cases 500
Num
ber
of

0
1 2 3 4 5 6 7 8 9 accepted cases
10 11 12

1 2 3 4 5 6 7 8 9 10 11 12
accepted cases 20 40 60 80 100 140 160 180 200 220 240 260

It is important to note that this particular organisation could only assist 20 cases a month,
although the number of cases they receive far exceeds their capacity. For the projection of numbers
we have decided to use the combined full capacity of the Salvation Army and Amazing Grace as ex-
amples, because both organisations acknowledge that the number of children that are able to be
helped in far smaller than the cases that are received. Keeping this in mind, there on average about
60-70, we use 70 cases or requests per month. Based on the number of the actual cases they proc-
ess we can project a 5 year cumulative projection.

Consequences after 5 years

Figure14: 5 year Projec-


tion

52
Consequences at the end of 5 years

Figura 15: Consequences


after 5 Years

+ 30,000 children just on the border of Zambia


14,400 + Children (referred by Salvation Army)
+ The numbers of cases in Mwanza that were not specified by the informants , although they did
stipulate that the area is seeing a very serious and grave problem with child migration.

A story was shared that was quite alarming, which related to a case where a bus with over
100 children were being taken over the border without documentation by people from a local
church. Although that particular bus was stopped in Mwanza border, and denied passage, it is not
known whether the bus attempted its luck at another less controlled border. Once again here is a
story where church leaders are involved in transporting children.
We may have +60,500 children outside their home environment, and in living in deplorable
conditions lacking the basic human rights and child rights (no health, no education, no right to be
protected), this is including the right to life as many children fall victim to organ removals or are
buried alive in the mines.
This is alarming, there is an alarming number of children in the region that are growing up
without education, without having their rights to education, medical care, without the protection
of parents, without the right to be children.

53
Zimbabwe

The case of Zimbabwe is particular because, in addition to internal migration, children dis-
perse in different directions: to Mozambique because of mining, to Zambia, Soth Africa and Bot-
swana to work on commercial farms.

Figure 16:
Children Leaving
Zimbabwe

frica do Sul

Zmbia Moambique
Botswana

Although there are no real figures, according to Mrs. Matsanga, projecting the numbers of
the ZIMOSA study, 286 children aged 11 to 20 years, of Zimbabweans living in Mozambique. In
addition, there are 2128 children that are dependents of people that are working in the mines, that
is 2128 cases potentially of children that have been separated from one od both parents and thus
may also be at risk. There are approximately 2414 children migrating at risk because the condi-
tions in which they live.

54
Figure 17:
Age Range of
Dependants
Source: ZIMOSA

Figure 18: Num-


Number of Dependants ber of Depend-
ants
Source: ZIMOSA

6+ yrs

4-6 yrs

0-3 yrs

0 100 200 300 400 500 600 700

Maputo Gaza Ingambane Sofala


Tete Cabo Delgado Ni assa Nampula
Zambezi Mani ca

Mozambique

Of all the countries, Mozambique seems most vulnerable. In South Africa we have in 20 min-
utes, more than 20 Mozambican children in the market of Komatiport. In Naas and Tonga we heard
news of Mozambican children working in commercial farms and as helpers Vares night .
According to information gathered on site, you can place an "order" any number of children
of any age for any activity with the greatest ease, and they will be provided to you within 2 days. If
we consider that Mozambican children are crossing the borders to any of the neighbouring coun-
tries: Malawi, Zimbabwe and especially South Africa, it results in these frightening numbers. This
framework is credible if we observe the scene inside and outside the country.
Mozambican children in Tete, Angnia, Manica and Pemba migrate because they are at-
tracted by the illusion of "easy wealth" attached to illegal mining. Prostitution and child sexual
abuse is another danger to which children are exposed in these areas.

55
Figure 19: A
numerical
projection of
trsnfronteral
movement of
children

56
CONCLUSIONS AND RECOMMENDATIONS
11 It can be concluded from this regional study that there is strong evidence of vast num-
bers of children that are on the move and therefore are at risk. The motivation for child mi-
gration, as has been observed, stems from social, economic and political insecurities. Children
migrate in search of greener pastures. For this reason it has been tricky to establish whether
or not migration is forced or voluntary. The conditions these children attempt to escape from
are deplorable.

During the migratory journey children are often confronted with violations of their
rights: they are forced to work under inhumane conditions, without protection and are very
often exploited because they are not paid. They are forced to commit crimes (see the Chimoio
testimony) and to engage in the sex trade industry. As maids, they are loose their right to
education, are forced to work long hours and paid very little. They also automatically lose
their right to be children and play time.

International media report cases of children in prisons, children who are found dead or
appear without organs, revealing a serious vulnerability to predators and infringements on
international laws that protect them against these acts of violence.
It was observed that the lack of administrative cohesion between bordering countries con-
tributes to the confusion and enables child migration and the illegal trafficking of children
and women by international trafficking rings.

As tourism grows in Southern Africa it also permits for many crimes in the name of in-
ter cultural relations. There is a great need for awareness campaigns in the region to halt the
prostitution of children and the extraction of their organs.
During the interviews it became clear that transporters (bus, train and truck drivers) hold a
lot of information. However, conversations / interviews were difficult to conduct, revealing
that they is a group that needs to be targeted in future investigations in the context of preven-
tion and activity monitoring.

57
RECOMMENDATIONS
1. We strongly recommend that further study be conducted in Mozambique due to the seri-
ousness of the situation in mining areas. Children seek opportunities in this lucrative indus-
try working illegally and without many guarantees for their lives.
2. We recommend that a more in depth study is made because this one was done in a short
span of time thus limiting the scope and numerical results of the study.
3. The people and organizations we interviewed in the field suggested that a regional confer-
ence be held to:
A. To analyze the problem of children on the move and at risk;
B. Share the information that each country possesses;
C. Develop tools for recording and sharing of information between institutions;
D. Harmonize procedures at borders and in the mainland, and with the institutions
that protect children; harmonize the law of child protection and trafficking;
E. Involve child protection institutions in anti-trafficking and abuse campaigns;
F. Pressure governments to ratify international laws and implement these laws;
G. Harmonize strategies for action ;
H. Harmonize procedures for the rehabilitation of children (accommodation, repatria-
tion, etc.).
I. Define control mechanisms for labour exploitation in farms, bars, canteens and even
in family homes;
Particular Recomedation for Mozambique, Malawi e Zambia:
4. Develop common mechanisms of control such as road blocks
5. Develop guidelines and procedures in regards to the documentation for children crossing
borders
6. Develop awareness activities and mobilizing parents and communities to understand the
severity of the crime
7. Effectively apply these complimentary laws (19)
8. Develop awareness activities that can be mainstreamed into education and provide safe
places where victims can make their declaration without feeling threatened. Educate the
populations that are most vulnerable to this types of problems. Determine what each commu-
nity needs in terms of education, focus on different target groups.
We therefore recommend A CAMPAIGN in the region, with a special focus on Mozam-
bique because of the phenomenon of illegal mining.

(19) Mozambique, for exemple, ratified all types of international instruments for the protection
of children, they also have domestic laws to reinforce them, but what is lacking is the actual
application of these law. The executive branch must do its duty.

58
BIBLIOGRAFIA
BARKER, Gary Irene Rizzini. Strengthening the Foundations of Community and Family
Support for Children and Adolescents, A Practical Guide for Families and Communities,
Project Strengthening the Foundations of Community and Family Support for Children and
Adolescents, Institute PROMUNDO, Rio de Janeiro
CRUSH, Jonathan (2012). Migration, Development an Urban Food Security, Cape Town:
Bronwen Muller Publishing.
De Brito, Lus, Castel-Branco Carlos Nuno, Chichava , Srgio e Francisco, Antnio
(2010) Poverty, inequality and vulnerability in Mozambique, IESE, Maputo.
Federal Office for Migration International (2004) Agenda for Migration Management
Common understandings and effective practices for a planned, balanced, and comprehen-
sive approach to the management of migration, Berne, 16-17 December 2004
HILLIER, Lucy (2007) Children on the move - Protecting unaccompanied migrant
children in South Africa and the region, Save the Children UK South Africa
DOTTRIDGE, Mike (2008) Kids Abroad: Ignore Them, Abuse Them or Protect Them,
Terres de Hommes International Federation
OIM (2011) Unaccompanied Children on the Move: The work of the International Or-
ganization for Migration (IOM) Geneva.
REISMAN, Lainie, LAL Aly (2012) Evaluation of Crime and Violence in Mozambique &
Recommendations for Reducing Violence, Maputo: Open Society Foundations Crime and
Violence Prevention Initiative (OSF CVPI) & Open Society Initiative for Southern Africa
(OSISA)
SITUATIONAL ANALYSIS OF THE ACTIONS AGAINST SEXUAL EXPLOITATION OF
CHILDREN IN BULGARIA
STAUNTON, Irene (ed) (2008) Our broken dreams: the Child Migration in Southern Af-
rica, Save the Children UK and Save the Children Norway, Mozambique, ISBN: 978 1
77922 070 7 (Zimbabwe), Registration Number : 248/RLINLD/2007 (Mozambique)
U.S. Department of Labor's Findings on the Worst Forms of Child Labor, http://
www.dol.gov/ilab/media/reports/tda/tda2009/ (5 /10/ 2012)
ZIMOSA (2009). Zimbabwean Migrants in Mozambique and Their Perceptions Re-
garding Government of National Unity, Christian Council of Mozambique, Maputo.
ZUERVOGEL, Gina & Bruce Frayne (2011). Climate Change and Food Security in South-
ern African Cities, Cape Town: Idasa Publishing.

59
ANNEX

60
List of Consulted People and Organisations in Malawi

Eye of the child Postal Box 31571, Chichiri, Blantyre 3


www.eyeofthechild.org.mw

Salvation Army Territorial Headquarters


PO Box 51140, Limbe, Malawi
Tel: +265 1 917073
Email: leadership@mal.salvationarmy.org

Mwanza Boarder - Immigration De-


partment,
Mwanza Magistrate Court
Mwanza District Hospital
Mwaza Police Station
Mwanza Police
Mwanza Police
Mwanza Social Welfare Officer
Association for Progressive Women
Mwanza District Commission
Mwanza Police
Group Village Headman Nchotseni
Social Welfare
Child Protection Mwanza District
Council
Mwanza Boarder Police
National Civic Education Initiative
Salavation Army
___________________________
Guidance, Counselling &Youth De-
velopment Centre for Africa (an Or-
ganization of Ministers of Education
in Africa) Prof K. Hamwaka, Dr. Jac-
queline Chazema, Prof. Sixpence
__________________________

61
List of Consulted People and Organisations in Malawi

Isaac Chaona Mwanza Boarder - Immigration Department

S.T.D Chilunga Mwanza Magistrate Court


Noel Kamanga Mwanza District Hospital
Cageston Singano Mwaza Police Station
John Billy Mwanza Police
Jones Bauleni Mwanza Police
Ratidza Kapawe Mwanza Social Welfare Officer
Nina Chenyamasilas Association for Progressive Women
Charles R. Mkamanga Mwanza District Commission
Clement Zonasi Mwanza Police
Innocent Chalera Group Village Head man Nchotseni
Evance Kalambule Social Welfare
Alick Kasapha Child Protection Mwanza District Council
Emmanuel Tambwa Mwanza Boarder Police
Lloyd Julius National Civic Education Initiative

List of Consulted People and Organisations in Zambia

Patrick Mwale Youth on the Move


Jennifer Banda Chipata Rehabilitation Center
Alex Kaunda Radio Maria - Chipata
Lucky Chikhalamba Immigration - Chipata
Hennack Mdoka Chipata Police
Simon Evance Radio Maria - Chipata
Mthunzi Centre http://www.koinoniazambia.org

62
List of Consulted People and Organisations in South Africa

Masisukumeni Center P.O. Box 860


Kwalugedlane
1341
Telephone: +27 13 780 3078
Fax : 0865028197
Email : masisukumeni@afris.co.za or masisu
kumeni@worldonline.co.za

Vlakbulk Home based Center

Amazing Grace Children's Centre No. 1 Station House, Factory Street


Malelane 1320
Tel: +27 13 790 04 23 Fax: +27 13 790 17 89
E-mail: agch@soft.co.za
Website: www.agch.co.za
Johannesburg Child Welfare Society P.O. Box 62606
Marshalltown 2107
Tel: +27 11 298 8573 Fax: +27 86 660 9521
Cel: +27 83 303 3248
E-mail: carol@jhbchildwelfare.org.za
Website: www.jhbchildwelfare.org.za
Langa KwaNobuhle SHARE P.O. Box 1400
Uitenhage (Eastern Cape)
Tel: +27 4 1977 3087; +27 4 1977 3085
Cel: +27 83 261 92 86
E-mail: share@mail.ngo.za
Molo Songololo Cape Town
Tel: +27 21 448 5421; +27 21 447 4997
E-mail: patric@molo.org.za
KRCC 114 Osborn Road, 3815
Tel: 27(35)4741058
Nyuswa@telkomsa.net
RAPCAN Address: 28 Lower Main Road
Observatory 7925
P.O. Box
Cape Town
Tel: +27 21 712 2330 Fax: +27 21 712 2365
E-mail: rapcan@iafrica.com
cheryl@rapcan.org.za
Share Port Elizabeth
Tel: +27 83 261 92 86
E-mail: share@mail.ngo.za
Sithabile Child & Youth Care Centre P.O. Box 8477
Putfontein 1513 - Benoni
Tel: +27 11 969 5938 Fax: +27 11 862 4023
E-mail: msezanet@global.co.za
thabisilem@yahoo.com

63
List of Consulted People and Organisations in Swaziland

Save the Children PO Box 472


Mbabane
Swaziland
Tel: 00 268 404 2573
Fax: 00 268 404 4719
Email: childsav@realnet.co.sz
The Technical Working Group c/o ministry P. O. Box 518
of Health and Social Welfare Mbabane
Swaziland

List of Consulted People and Organisations in Zimbabwe

Youth Alive Zimbabwe Tel: +263 -20-62530


yazim@zol.co.mz
www.youthalive.org.zw

SIMUKAI SIMUKAI Child Protection Centre


No 9 Aerodrome Road, Yeovil Mutare
Tel + 263- 020-65330
Rusape/Chipinge
Childline 31 Frank Johnson Avenue
Eastlea
Harare Zimbabwe
+ 263 4252000
Fax:+263-4-734252
Email :childl@africaonline.co.zw
Save the Children 10, Natal Road, Belgravia
Harare
Zimbabwe
+263 4 7931 98
www.savethechildren.org.uk
chrism@scfuk.org.uk
General Hospital Mutare
Bishop Patrick Mutume (Auxiliar
Bishop, Diocese of Mutare)

64
List of Consulted People and Organisations in Mozambique

SANTAC

Centro de Reabilitao Psicolgica Hospital Central de Maputo


Av. Agostinho Neto
(Centre for Psichological Rehabilitation) Maputo
Tel: +258 21 325 000

Continuadores de Moambique : Rua Manuel Sousa, 107/111


Maputo
Tel: +258 21 305 155
E-mail:

CVM - Cruz Vermelha de Moambique Av. Agostinho Neto, 284


P.O. Box 2986
(Red Cross Mozambique) Maputo
Tel:+258 21 497 724 Fax:+258 21 497 725
E-mail: cvm@redcros.org.mz
www.redcross.org.mz

FDC Fundao para o Desenvolvimento da Av. 25 de Setembro, Times Square Building,


Comunidade Bloco 2 n 12504
P.O. Box 4206
(Foundation for the Development of the Maputo
Community) Tel:+258 21 355 300 Fax:+258 21 355 335
E-mail: fdc@fdc.org.mz
www.fdc.org.mz

OMM - Organizao da Mulher Rua Frente de Libertao de Moambique, 147 -


Moambicana 2
Maputo
(Organisation for the Mozambican Tel: +258 21 492 429
Woman)

Rede CAME Av. Milagre Mabote, 370


Maputo
(Network CAME) Cel:+258 82 300 2949 Fax:+258 21 417 910
email: antichildabuse@tvcabo.co.mz
antichildtrafic@tvcabo.co.mz
www.redecame.org.mz

Rede da Criana Rua das Flores, 52


P.O. Box 185
(Network for Children) Maputo
Tel:+258 21314 215 Cell: +258 82 304 4417
Fax:+258 21 310 633
E-mail: crianca@tvcabo.co.mz
www.rededacrianca.org.mz

65