Sexual Exploitation of Children in Africa - A Silent Emergency
Sexual Exploitation of Children in Africa - A Silent Emergency
Sexual Exploitation of Children in Africa - A Silent Emergency
Children in Africa
A Silent Emergency
2019
AFRICAN CHILD POLICY FORUM (ACPF)
African Child Policy Forum (ACPF) is an independent, not-for-profit, pan-
African institute of policy research and dialogue on the African child. ACPF
was established with the conviction that putting children first on the public
agenda is fundamental to realising their rights and wellbeing, and crucial
in order to bring about lasting social and economic progress in Africa.
Suggested citation:
ISBN: 978-99944-77-41-8
ACKNOWLEDGEMENTS
This report is the result of the technical and financial contributions of
various individuals and organizations. We would like to thank them all.
We would also like to thank all of the team involved in the preparation
of the report, and particularly the following individuals within and
outside ACPF.
Lead authors
• Shimelis Tsegaye
• Guy Lamb
Reviewers
• Assefa Bequele
• Retta Getachew
• Saba Lishan
• Yehualashet Mekonen
• Violet Odala
Editing
• Mark Nunn
Design
• Kidist Abebe
i
_________________________________________________________ List of Acronyms
LIST OF ACRONYMS
ACERWC African Committee of Experts on the Rights and Welfare of
the Child
ACPF African Child Policy Forum
ACRWC African Charter on the Rights and Welfare of the Child
AU African Union
CRC UN Convention on the Rights of the Child
DCI Defence for Children International
DRC Democratic Republic of Congo
ECPAT End Child Prostitution and Trafficking
EIU Economist Intelligence Unit
FARDC Armed Forces of the Democratic Republic of Congo
HIV/AIDS Human immunodeficiency virus/acquired immune
deficiency syndrome
INTERPOL International Criminal Police Organization
LRA Lord’s Resistance Army
NCRC The National Crime Research Centre
NCSCR National Centre for Social and Criminological Research
NGO Non-Governmental Organization
OPSC Optional Protocol to the Convention on the Rights of the
Child on the sale of children
PNC Congolese National Police
UNHCR United Nations High Commissioner for Refugees
ii
TABLE OF CONTENTS
ACKNOWLEDGEMENTS .................................................................... i
ACRONYMS AND ABBREVIATIONS ................................................. ii
LIST OF BOXES, FIGURES AND TABLES ............................................ iii
PREFACE ............................................................................................ v
FOREWORD ..................................................................................... vi
SUMMARY OF KEY FINDINGS .......................................................... viii
1. BACKGROUND .............................................................................. 1
2. THE SCALE OF THE PROBLEM ..................................................... 6
2.1 Overview ................................................................................. 6
2.2 Sexual abuse in its various forms ........................................ 6
2.3 Child sexual exploitation through “transactional sex” .......... 9
2.4 Child trafficking for sexual purposes ................................... 13
2.5 Sexual exploitation online .................................................... 15
2.6 Child and forced marriage ................................................... 17
2.7 Child sexual exploitation in travel and tourism ................... 18
2.8 Sexual exploitation of especially vulnerable children ......... 19
2.9 Child sexual exploitation in the context of armed
conflict .................................................................................. 20
iii
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
vii
_______________________________________________________________ Preface
PREFACE
v
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
ix
______________________________________________________________ Foreword
FOREWORD
vi
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
vii
__________________________________________________ Summary of key findings
viii
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
ix
__________________________________________________ Summary of key findings
x
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
xii
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Child sexual exploitation has never been and will never be an inevitable
human condition. It is preventable and can and should be eliminated.
xiii
__________________________________________________ Summary of key findings
Preventative interventions
• Develop and implement poverty alleviation programmes,
including targeted cash transfers to poor, urban slum dwellers
and female- and child-headed households, and ensure
improved access to food, social services and education.
xiv
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
xv
1. BACKGROUND
Child sexual exploitation, or CSE, is a form of abuse that involves
children and young people being forced or manipulated into sexual
activity in exchange for something—money, gifts, accommodation or less
tangible things such as affection or status. The sexual activity and
exchange may be seen as consensual, but in reality they are based on
an imbalance of power that severely limits victims’ options.3 Child
sexual exploitation is often shrouded in social and cultural taboos, and
incidents are therefore rarely reported to the authorities. The result is
that there is very limited evidence on its occurrence, determinants and
pathways, or on the outcomes of such abuse for its victims.
1
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
2
____________________________________________________________ Background
Box 1.1 Methodology and data sources used in preparing this report
3
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
4
DDefinition
Definition
efinition of key
ofconcepts
key concepts4
Forms of CSE Def
D
Definition
efinition
inition
A state of affairs when a child takes part in a sexual
Child exploitation
activity in exchange for something of value such as
through
money, objects, shelter, food, drugs, etc. (or the promise
“transactional sex”
of such).
4
____________________________________________________________ Background
Sexual exploitation of
The sexual exploitation of children that takes place in the
children in the context of
context of the travel/tourism sector.
travel and tourism
5
2. THE SCALE OF THE PROBLEM
2.1 Overview
A study indicated that in 2015, over a period of one year, more than
half of all children in the world aged between two and 17—about one
billion children in total—had experienced some form of violence,
including sexual abuse and exploitation.5
6
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
In Zimbabwe and Malawi, for instance, four out of ten females aged 18-
24 years reported that their first sexual experience was forced.
7
_________________________________________________ The Scale of the problem
8
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
9
_________________________________________________ The Scale of the problem
Kenya 18
Malawi 15
Tanzania 12
Nigeria 11
Zambia 10
Zimbabwe 9
0 2 4 6 8 10 12 14 16 18 20
Source: VAC Country Surveys in Malawi, Tanzania, Zambia, Nigeria, Uganda and
Zimbabwe (2012-2017)
10
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
11
_________________________________________________ The Scale of the problem
12
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Numerous studies have also found that boys are less likely to seek
help, in particular from formal services, when they experience
sexual violence. Boys’ experiences of sexual violence are bound up
in feelings of shame, uncertainty and confusion, and homophobic
attitudes on the part of parents, service providers and justice/police
officials.43 These feelings are exacerbated particularly because of
victims’ concerns about their masculinity; their sexuality; the
opinions of other people (fear that others will think they are
homosexual); and the fact that they were unable to prevent the
rape. The misconceptions that only homosexual men are sexually
abused and that heterosexual men would never sexually abuse
other heterosexual men also underlie these concerns about
masculinity and sexuality.44
Boys are, therefore, given very little or no legal protection and have
continued becoming victims of a growing and hidden tragedy of
sexual violence. Besides, this failure to consider boys as victims of
sexual exploitation has negatively affected current efforts to
disrupting the intergenerational cycle of violence: two out three boys
who experienced sexual violence in childhood are more likely to
perpetrate sexual violence against a partner in adulthood.45
13
_________________________________________________ The Scale of the problem
Source: United Nations Office on Drugs and Crime: Global Report on Trafficking in
Persons 2018
14
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
A major route for trafficking children for sexual exploitation goes from
Southern Africa, and to a lesser extent Central Africa55 (e.g. DRC), to
South Africa. According to a 2010 government-commissioned study,
trafficking of children and young people to South Africa takes place
predominantly from neighbouring countries across land borders, with
the main countries of origin being Mozambique and Zimbabwe, followed
by Malawi, Swaziland and Lesotho.56
Trafficking flows in East Africa are intra- and inter-regional, but also
increasingly directed towards the Gulf States.57 Children and young
women from the Horn of Africa countries like Eritrea, Ethiopia and
Somalia are moving to the Arabian Peninsula to take poorly paid jobs,
and many children from Madagascar and Comoros end up in the Middle
East as domestic servants. Girls and women make up a large portion
of the migrant population and are particularly vulnerable to severe
human rights violations—including sexual violence and exploitation,
labour exploitation, and physical and emotional abuse—during the
entire migration process.58
15
_________________________________________________ The Scale of the problem
16
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
17
_________________________________________________ The Scale of the problem
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19
_________________________________________________ The Scale of the problem
Another study shows that children with speech and language difficulties
are at three times greater risk of sexual abuse than other children. For
those children with behavioural disorders, the risk is between five and
seven times higher than for children without disabilities.83
Egypt is home to more than one million children living and/or working
on the street. A National Centre for Social and Criminological Research
(NCSCR) study reported that at least 20% of these children, most of
whom were aged between six and 11, were victims of trafficking who
were exploited by a third party for sexual purposes and for begging.84
Among the sexually active 15-17-year-olds living on the street, 54%
reported having multiple sexual partners and 52% reported having
never used condoms. 53% of the girls contacted for the study in Greater
Cairo, and 90% of respondents in Alexandria, had experienced sexual
abuse.85
20
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
21
3. DRIVERS AND VULNERABILITY
FACTORS
3.1 Overview
As with other forms of child maltreatment, child sexual exploitation is
ultimately underpinned by power imbalances between adult
perpetrators and child victims, and by the abuse of positions of trust,
authority or control vis-à-vis children. Sexual exploitation happens when
one or more of the four cardinal principles that govern relationships
among people, and the relationship between adults and children, are
breached (Figure 3.1).
Figure 3.1 The PACT (Power, Authority, Control and Trust) Breach Triangle
Power
Authority
Control Trust
22
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Other groups with heightened risk for CSE are girls associated with
gangs;96 children who have run away from home and/or are living on
the streets; and children engaged in domestic work.97
Other studies indicate that alcohol abuse, dropping out of school and
low levels of parental monitoring are additional risk factors.98
CSE
online
CSE in the
Transactio context of
nal sex child
marriage
CSE in the
CSE in the
CSE context of
context of
child labour
armed manifestations & domestic
conflict
work
CSE in the
CSE in the
context of
context of
travel and
disability
tourism CSE in the
context of
migration and
internal
displacement
There are further important risk factors, such as the cultural obsession
with virginity, that can be a source of demand for the sexual exploitation
of children. Paradoxically, however, a child who has lost his or her
23
____________________________________________ Drivers and Vulnerability Factors
Over the past decade, the rapid upsurge in global access to the internet
and mobile phones has allowed perpetrators to access and exploit
victims anonymously, and act with relative impunity.101 This
development has been noted in studies on CSE in Africa.102
It is reported that many tourist places, even those that present the
façade of typical, recreational establishments, offer a backdoor for the
sexual exploitation of children. In many parts of Africa, the proliferation
in recent decades of massage parlours and upscale restaurants aimed
at foreign customers and tourists has been linked to the rapid rise in
child exploitation in travel and tourism.
24
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
In terms of its impact on its victims, research has shown that CSE can
lead to delinquency, substance abuse, self-harm, mental health
problems (such as anxiety, depression, low self-esteem and post-
traumatic stress), and a range of psychiatric disorders in later life.107
Nevertheless, research on the health, developmental and other
outcomes for those affected by CSE in Africa is somewhat limited, and
has only been undertaken in a few countries, such as South Africa.
25
____________________________________________ Drivers and Vulnerability Factors
Sexual exploitation not only takes its toll on children and their futures,
but it also lays a huge financial burden on economies. Globally, USD 7
trillion is lost each year due to violence against children, including sexual
exploitation. This is equivalent to 8% of global GDP.109
Nigeria has cumulatively lost earnings of up to 967 billion Naira (USD
6.1 billion)—1.07 per cent of the country’s GDP—due to violence against
children.110
A study in South Africa estimated that violence against children had cost
the country’s economy up to USD 15.81 billion or nearly 5% of its GDP.111
In 2012–13, a conservative estimate of the annual cost of child sexual
exploitation to the United Kingdom—an advanced country with far more
capacity to mitigate the effects of this challenge than African countries—
was around £3.2 billion.112
26
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27
____________________________________________ Drivers and Vulnerability Factors
28
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
29
____________________________________________ Drivers and Vulnerability Factors
Large social and sports events are further vehicles that provide
opportunities for sexual predators and exploiters. For instance, before
the 2008 African Cup of Nations in Ghana, police uncovered plans to
recruit children into “transactional sex” during the event.143 The Institute
of Migration (IOM) also reported that young girls were rescued from a
brothel in the days prior to this event.144
30
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Studies in South Africa and Ghana found that children’s online access
was relatively unmonitored by their parents/caregivers, and that most
children did not discuss troubling online experiences with their parents.
Most discussion about online content was with peers. An encouraging
finding from this study was that the majority of children reported that
they felt safe online and had developed personal safety strategies,
which included efforts to prevent them from becoming victims of sexual
exploitation.151
31
____________________________________________ Drivers and Vulnerability Factors
32
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Some studies suggest that CSE is a major problem within the travel and
tourism sector in Africa. The following countries have been identified as
particularly problematic in this regard: Benin, Cameroon, Côte d’Ivoire,
Egypt, the Gambia, Ghana, Kenya, Madagascar, Mauritius, Morocco,
Nigeria, Senegal, South Africa and Tanzania.
A 2000 study showed that travelling sex offenders felt that “the normal
rules” in their home did not apply when they travelled to a foreign place.
They often devalued the places they travelled to and made excuses
such as “children grow up more quickly there” or “sexual encounters
with children are tolerated there.”159
Reliable data for CSE in this sector is patchy, and only a handful of studies
based on primary research have been undertaken in recent years.
33
____________________________________________ Drivers and Vulnerability Factors
The study findings indicate that locations for sexual exploitation are
usually designed to appear as places for legal businesses, such as
house help bureaus (but where the main business is not in fact to
recruit domestic workers, but instead to recruit children into sex
tourism); video halls (where pornographic videos are shown to children);
massage parlours (where employed children are asked to provide
massage clients with sexual satisfaction as an extra service); strip
clubs; and bars (where strippers and children working as waiters are
made to provide sexual services to patrons).168
34
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
The girls would sneak to the barracks to have sex with the
soldiers and if they got pregnant, the parents would follow the
soldier and make him pay and then they would send their
daughter to be the soldier’s wife in the barracks.170
35
____________________________________________ Drivers and Vulnerability Factors
During the 24-year civil conflict between the LRA and the Ugandan
government, hundreds of unaccompanied children living in camps for
the displaced were exploited in an organised manner for “transactional
sex,” while others were recruited as child soldiers by the LRA, including
a large number of girls who were subsequently sexually abused and
used as servants.172
The brutal rape and sexual tortures committed en masse against girls
and women in DRC and the Central African Republic during the civil
wars that raged in that region have potentially had the effect of
destroying the reproductive potential of women, and hence stemming
procreation. These conflicts saw deliberate strategic efforts to
desecrate the female body and use it as a battleground to bring shame
on the enemy.173
36
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Some humanitarian aid workers, responsible for the care and protection
of refugees and internally displaced persons, have also reportedly used
their positions to exploit children sexually, including by using food and
aid to obtain sex from girls, primarily those between 13 and 18 years
old. Both international and local staff have been implicated, including
workers of respected and established agencies such as UNHCR.178
Research has shown that higher levels of gender equality amongst aid
workers and peacekeeping contingents have been linked to lower
incidence of sexual exploitation and abuse. Therefore, in order to reduce
the risk of such behaviour, it has been recommended that a culture and
37
____________________________________________ Drivers and Vulnerability Factors
Studies have also indicated that significant legal reforms are required,
particularly within the UN system, to further combat and prevent sexual
exploitation, including the sexual exploitation of children.181
…had material needs but few options to meet those needs within
the camps… [and] that the convergence of material deprivation,
lack of economic opportunity, and vulnerability led to
transactional sex and exploitation within and around the
camps.183
38
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
The term “baby factories” refers to any place where women and young
teenage girls are held captive, forcefully impregnated, and kept illegally
until their babies are born. The babies are then sold for monetary gain,
for adoption, or for use in witchcraft rituals. These places are usually
disguised as hospitals, maternity homes, social welfare homes or
orphanages. Since the first cases of baby factories in Nigeria were
reported by UNESCO in 2006, these illegal ventures—operated by well-
organized criminal syndicates and considered a form of human
trafficking—have become the third most common form of crime in
Nigeria, after drug trafficking and financial fraud.191 Children born in
the “baby factories” and trafficked to foreign countries are at
heightened risk of sexual abuse.192
39
____________________________________________ Drivers and Vulnerability Factors
Research with the police has also suggested the human smuggling
syndicates have employed “voodoo” (witchcraft) as a coercive method
for use against CSE victims and their families, in an attempt to ensure
continued sexual exploitation.193
In Benin, the Central Office for the Protection of Minors registered 103
cases of trafficking in minors (including 74 girls and 29 boys) in the first
half of 2013.194 The (former) Ministry of Social Affairs in Burkina Faso
identified 280 child victims of trafficking in 2014, of which 211 cases
concerned domestic trafficking and 69 were cross-border trafficking.195
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Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
There are also economic reasons underlying child marriage, with factors
driven by both “supply” and “demand”. On the supply side, households
may marry off their daughters at young age because of the high costs
of raising children (food, clothing, education and healthcare). This is
particularly likely in contexts where fertility is high, and parents have many
children, in which situations girls may be viewed as an economic burden,
less able than the boys to perform physical work, such as on farms.
41
____________________________________________ Drivers and Vulnerability Factors
The practice of paying bride prices has not only fuelled child marriage
in the country, but it has also led to situations where the married girls
are held in a situation tantamount to sexual slavery. The transfer of
wealth by the family of the bridegroom to the bride’s family often forces
the bride to abrogate her sexual rights.203 Bride price brings with it
“responsibility” on the part of the woman to live up to certain
expectations before and after payment,204 possibly instilling a sense of
unquestionable subjugation and sexual bondage.
Bride price is also seen by some as a compensation for time and trouble
taken to raise a daughter who will be sent off to another group, and as
a compensation for the loss of a daughter’s economic services. There
is, therefore, an increasing commercialization of the practice into a form
of marital transaction, or “the purchase of a wife.”
On the demand side, from the perspective of the groom, younger brides
may be preferred for a number of reasons. These include the following:205
42
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
The reasons why children engage in domestic work are wide ranging.
They include being sold or given to traffickers; being sent out to work
for household survival; being fostered by relatives in order to fill a labour
gap in the receiving household; or in order to pursue education.209
43
____________________________________________ Drivers and Vulnerability Factors
Girls may be recruited for domestic work by women who have links with
their village through kinship or trading activities, and who either require
a girl to work in their own household, or who mediate a job with
someone else looking for domestic help.212 It is also common in Africa
for “brokers” involved in recruiting child domestic workers and placing
them in domestic service to also solicit sexual favours from the girls.
Such recruitment modalities may sometimes amount to child
trafficking, if the recruiters partly or wholly take the money earned by
these children—which is usually the case.213
44
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
In Uganda, girls from rural areas involved in domestic work in cities were
often at risk of sexual exploitation by male employers (or male relatives
thereof) due to power imbalances, and concerns by the affected girls
that they might be dismissed if they refused these men’s sexual
advances.219
Studies have also established a link between child domestic work and
subsequent engagement in “transactional sex.” For example, it was
established that more than a quarter of girls being commercially
sexually exploited in Dar es Salaam (Tanzania) were former child
domestic workers, many of whom were sexually abused by members of
the family for whom they were working. A study on children exploited
through “transactional sex” in Tanzania confirmed that in about 25% of
cases, girls become involved in “transactional sex” after they have been
abused as child domestic workers.221 Once child domestic workers face
sexual violence in their workplace, they may decide to leave the house,
but may not ever go back home because they do not want to face the
humiliation of returning empty-handed. Most end up in “transactional
sex” or on the street.
Abused child domestic workers tend not to report their abuse: some
feel they are powerless to prove such attacks and/or are dependent on
their employers for basic needs; others fail to report abuse out of a
sense of duty to their parents to make the situation work, or just
45
____________________________________________ Drivers and Vulnerability Factors
because they are afraid to speak out.222 Child domestic workers are
also less likely to get access to sexual and reproductive health
information, which may undermine their ability to fend off sexual
advances and/or manage incidents of sexual exploitation.
Girls and young women with disabilities are at greater risk of sexual
violence when they are alone at home, as neighbours and family
members take the opportunity to exploit them sexually with little risk of
being caught or punished.226
46
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
48
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Girls living and/or working on the street are also sexually exploited by
street gang leaders under the threat of withdrawal of protection in the
context of a harsh and vicious street life. According to a study in
Ethiopia, girls who spend the night sleeping rough on the street face
another challenge, called “gelbo” in Amharic—literally, “forcefully
undressing a woman”—in which they risk becoming victims of forced
sex by older children living on the street. The study also found that girls
newly arriving on the street are often exploited sexually by older boys
and watchmen of shops at night, in exchange for promises of protection.
The study also revealed that it is common for older children living on
the street to force younger ones to have sex.238
49
4. ADDRESSING CHILD SEXUAL
EXPLOITATION: PROGRESS
Despite the generally gloomy state of affairs described in the preceding
sections of this report, there have been efforts to combat and prevent
CSE in Africa.
50
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
However, at the national level, the 2019 report issued by the Economist
Intelligence Unit, entitled Out of the Shadows239, revealed that only five
out of 19 documented countries scored above 50% on their overall
national efforts to prevent CSE (see aggregate scores in Table 4.1). The
report is derived from a 40-country ‘benchmarking index’ that evaluates
how governments, civil society and the private sector have responded
to CSE, and scores countries across four categories in relation to CSE,
determined and defined as follows:
51
________________________________ Addressing Child Sexual Exploitation: Progress
Table 4.1: EIU CSE prevention aggregate scores for 19 African countries
52
_______________________________________________ The Legal and Policy Context
Some African countries scored relatively highly for the strength of their
legal frameworks in relation to CSE. For example, South Africa’s legal
framework score (77) was higher than that of both the UK (73) and
Germany (73), and South Africa was in the top five countries for highest
overall scores. Kenya (69), Morocco (61) and Nigeria (62) also had legal
framework scores that were well above average.
The EIU report also reveals considerable variation in terms of the scope
and rigour of legislation relating to the prevention of CSE in Africa.
Common key deficiencies include, among other things, absence or
inadequate treatment in existing law of the issues of: online sexual
exploitation; online grooming; sexual exploitation in the context of
53
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
domestic work; and sexual abuse in the context of travel and tourism.
There is also widespread failure in existing laws to explicitly categorise
“sexual exploitation” as a criminal offence.
One of the strongest laws in this regard is the South African Sexual
Offences Act, which explicitly dedicates a number of sections to the issue
of sexual exploitation. Section 17. (1) of the Act states:
54
_______________________________________________ The Legal and Policy Context
55
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
56
_______________________________________________ The Legal and Policy Context
57
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
• The Penal Code of Cabo Verde, under article 271-A, not only
criminalizes all forms of trafficking, but also prescribes
penalties for those who have knowledge of trafficking crimes or
who use the services of trafficking victims (one to five years’
imprisonment) and those who retain, conceal, damage, or
destroy trafficking victims’ identity documents (up to three
years’ imprisonment). This is an important provision because
the confiscation of identity documents is a recurring challenge
faced by victims of trafficking, and a tactic used by human
traffickers and smugglers to sexually exploit their victims.
58
_______________________________________________ The Legal and Policy Context
59
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
60
_______________________________________________ The Legal and Policy Context
Table 5.1
Table 5.1
Table Minimum
Minimum age consent
age of sexual of sexual consent
Botswana
Burkina Faso
Burundi
Central African R.
Congo
DRC
Egypt
Equatorial Guinea
Eritrea
Eswatini
Ethiopia
Gambia
Algeria Kenya
Benin* Lesotho
Cameroon Liberia
Ghana Libya**
Guinea Mauritania
Guinea‐Bissau Morocco
Malawi Nigeria
Comoros Mauritius Rwanda
Côte d’Ivoire Mozambique Sierra Leone
Djibouti Namibia Somalia
Angola Gabon Senegal South Sudan
Chad Cape Verde Mali South Africa Tanzania
Niger Madagascar Seychelles Zambia Tunisia
Sahrawi Arab D. R. São Tomé & Príncipe Togo Zimbabwe Uganda
13 14 15 16 18
Minimum age for sexual consent
* For girls
**For girls, 16 with parents’ consent
61
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
62
_______________________________________________ The Legal and Policy Context
63
_______________________________________________________ Prevention Efforts
6. PREVENTION EFFORTS
6.1 CHANGING NORMS AND ATTITUDES
Growing public sensitivity towards child rights in Africa has meant that
discussions about sexual violence are no longer considered taboo.
Campaigns to change norms and attitudes have targeted predominant
views that regard girls as inferior to boys or as having less worth, and
those views that embolden masculinity and male dominance.
64
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Source: http://www.mrc.ac.za/policybriefs/steppingstones.pdf
65
_______________________________________________________ Prevention Efforts
Not all such results are positive, however. A study of refugee girls in
Ethiopia found that standalone empowerment interventions252 were
ineffective in reducing the risk of sexual exploitation, including
exploitation that is transactional in nature. It was recommended that a
more comprehensive basket of interventions was required “to address
broader structural barriers.”253
66
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
In addition, the Office of the Victims’ Rights Advocate sent victims’ rights
advocates to the field in a number of African countries, including the
Central African Republic, DRC, Liberia and South Sudan. Some of these
interventions resulted in the establishment of complaint mechanisms,
better access to legal services, and improved availability of livelihood
and psycho-social support.
67
_______________________________________________________ Prevention Efforts
68
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Box 6.4 The Code of Conduct for the Protection of Children from
Sexual Exploitation in Travel and Tourism261
The Code of Conduct was initiated by ECPAT International as a multi-
stakeholder initiative to provide awareness, tools and support to the
tourism industry in order to combat the sexual exploitation of children
in tourism destinations. The Code is one of the first initiatives to define
the role and obligations of tourism organisations regarding child sexual
exploitation.
Tour operators and tourism organisations that sign the Code of Conduct
commit to:
With regards to the digital world, there is a lot more that industry can
do to stem sexual exploitation in the online environment. This could
include:263
69
_______________________________________________________ Prevention Efforts
70
__________________________________________ Implementation and Enforcement
7. IMPLEMENTATION AND
ENFORCEMENT
71
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
The hostile or unfriendly nature of the court environment can also force
victims to boycott legal proceedings. Victims are re-victimised when
subject to rigorous cross-examination by defence lawyers, especially
when they do not have adequate legal representation from the
prosecutor.270
Access to victim support programmes was also fairly dire in the majority
of countries in the Economist Intelligence Unit study,271 even among
some of the countries with a relatively high level of victim support
services, such as South Africa and Uganda. Even in cases where CSE
victims were able to access support, the quality of care was not
72
__________________________________________ Implementation and Enforcement
First developed in South Africa, the Sexual Offences Courts are special
courtrooms that deal only with sexual offences. Their aim is to ensure
that perpetrators are brought to justice while supporting the notion that
the victims of crime must be the focus of the court system. This way,
rape survivors, for example, are able to testify during the court case
while receiving support.
73
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
It is known, for example, that most children and young women trafficked
for sexual purposes end up in Italy. The Italian Government was also
increasingly concerned with the high number of Nigerian minors and
young women being trafficked into Italy for the purposes of sexual
exploitation and the violation of human rights that that involves. In
September 2000, Nigeria and Italy signed a bilateral agreement
designed to combat clandestine immigration, which included
commitments relating to welfare and respect of human rights in the
repatriation of illegal migrants.
74
__________________________________________ Implementation and Enforcement
There are also unclear reporting procedures for cases of violence, and
a particular lack of procedures that:
• Guarantee the confidentiality of the victim
• Identify alternative adults to contact when adults in positions
of authority are involved in acts of sexual exploitation
• Identify alternative adults to contact when so-called amicable
settlements are pursued outside of court by parents and
perpetrators.278
A 2010 study found that in Senegal, for example, 74% of abused girls
did not report, for a combination of reasons; in Burkina Faso the figure
was 57%, and in Cameroon it was 59%.279
75
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Children may also not report abuse because they feel that parents and
guardians will not be supportive, or may not believe them. If the victim
or the victim’s parents complain to the relevant authorities, the
complaint often falls on deaf ears—especially when the acts are
committed by people in power or positions of authority—as authorities
do not want to acknowledge such abuse.
Victims may also remain silent about abuse because of shame or fear
of embarrassment if the incident becomes public. Fear and shame are
barriers to reporting and, therefore, to ensuring that victims receive the
necessary support.280
76
__________________________________________ Implementation and Enforcement
77
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Given the growing number of child victims coming to the centres, the
presence of specially trained child-friendly nurses or caregivers to
receive and comfort children before they are taken for examination is
essential. The centres operate in public hospitals located in
communities where rape levels are particularly high, and are linked to
sexual offences courts staffed by prosecutors, social workers,
investigating officers, magistrates, health professionals, NGOs and
police. The centres themselves are managed by interdepartmental
teams comprising representatives of the departments for justice,
health, education, the treasury, correctional services, safety and
security, local government, home affairs and social development,
together with designated civil society organisations.
There is clear evidence that these facilities have improved the process
of reporting and prosecuting rape and other sexual offences, and
contributed to reducing secondary trauma among survivors.
78
__________________________________________ Implementation and Enforcement
Another important issue is the fact that the majority of countries do not
have adequate registration systems, including for such vital functions
as registration of birth services. This has consequences for enforcing
children’s rights. It undermines their ability to prove their legal identity
and age in court proceedings, which can be crucially important,
especially when they are subjected to sexual exploitation and child
marriage. The fact that births are not registered in many countries also
contributes to the failure to prosecute perpetrators. Often, the victims
of child marriage and sexual exploitation cannot prove that they are
children.
Figure 7.1 shows wide disparities in the availability and function of these
services. Some countries (especially those in North Africa such as
Algeria, Egypt and Tunisia) have universal birth registration, while
coverage of birth registration in many others is extremely low—just 3%
in Ethiopia, for example.
79
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
Figure 7.1: Countries with highest and lowest birth registration coverage
(per cent)
80
__________________________________________ Implementation and Enforcement
Box 7.4: Access to justice for sexual victims through the courts
The court found that the girl behaved like an adult and engaged in
sexual intercourse.
This case followed the 2015 case of Martin Charo v. Republic, which
similarly overturned a conviction on the grounds that: (i) the victim
behaved like an adult and engaged in sexual intercourse; (ii) the
accused “was not expected to inquire from several people about the
age of the complainant”; and (iii) “the relationship continued for quite
a long time to the extent that age became a non-issue”.
The Omus case has been relied upon since by individuals charged with
defilement. In Samuel Nzioka David v the Republic (2019), the appellant
appealed his conviction and in so doing relied on the reasoning in Omus,
arguing, among other things, that the prosecution did not prove its case
beyond reasonable doubt since the age assessment report of the victim
was inconclusive, the victim “wilfully participated in the sexual activity,”
and she behaved like an adult.
81
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
The most perennial problem of all in this area is, perhaps, the issue of
human resources and budgetary capacity. The child protection
workforce in Africa is mainly made up of volunteers and NGO
employees. In Malawi, for instance, the National Plan of Action for
Vulnerable Children (2015-2019) indicated that the country had 800
Child Protection Workers (CPWs), of whom only 37.5% (300) were on
government payroll, while the rest were volunteers.291
82
__________________________________________ Implementation and Enforcement
Source: UN (2013).294
For instance, in Malawi, during the 2018-19 Fiscal Year, the total
government budget allocation (to ministries, departments and agencies
(MDAs))295 for child protection was MK27.7 billion, representing 1.9%
of the total approved national budget during the financial year. In
2017/18, the comparable child protection budget allocation accounted
for 3% of approved national budget, despite the actual allocation being
lower. Adjusted for inflation, budget allocations to child protection
decreased at an annual average of 4% between 2012/13 and
2017/18.296 With the exception of 2013/14, Plan Malawi and UNICEF
each contributed more resources to child protection interventions than
the government during the period covered by the analysis. This finding
is corroborated by findings in the Ministry of Gender, Children, Disability
and Social Welfare 2015 report, which showed that external support
accounted for 91% of spending on child protection in Malawi, compared
to government funding of around 9% (UNICEF 2019).297 The fact that
the lion’s share of the child protection budget is externally funded raises
serious questions of sustainability and ownership.
83
_________________________________________ Conclusion and Recommendations
8. CONCLUSION AND
RECOMMENDATIONS
84
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
While girls are the primary targets of sexual exploitation, this malaise
is also taking a toll on boys. In a context where men and boys are almost
always considered perpetrators, the notion of boys as victims of sexual
exploitation has not been taken seriously by law makers and law
enforcement officials. This mindset stands in the way of efforts to give
proper legal protection to boys.
Not only is child sexual exploitation on the rise, but it is also fast
outpacing existing legal and child protection efforts. In many cases, it
shifts its tactics, at times forming alliances with traditional practices. It
has become difficult to manage also because it uses apparently positive
human endeavours as its instruments—such as foreign investment, the
attraction of tourists, interconnectedness, and a misplaced sense of
respect for cultural values.
85
_________________________________________ Conclusion and Recommendations
Preventative interventions
• Develop and implement poverty alleviation programmes,
including targeted cash transfers to poor, urban slum dwellers
and female- and child-headed households, and ensure
improved access to food, social services and education.
• Ensure greater action-oriented engagement with the private
sector, notably those parts of it that provide the means for
sexual exploitation of children, such as the travel and tourism
sectors and telecommunications and internet service providers.
• Build the life skills and capacity of children and adolescents to
enhance their resilience to sexual harm, their readiness to
86
Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
87
_________________________________________ Conclusion and Recommendations
88
______________________________________________________________ Endnotes
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______________________________________________________________ Endnotes
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Mlyakado, B. P., & Li, J. C.-M. (2019). Sexual exploitation of
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ECPAT International (2015). Global Study on Sexual Exploitation of
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ECPAT International (2013). Global monitoring status of action
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33
United Nations Population Fund (2013). Motherhood in
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34
Ibid.
35
Clifton D. and Hervish A. (2013). The World’s Youth 2013 Data
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https://www.togetherforgirls.org/the-issue/
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https://www.togetherforgirls.org/the-issue/
39
ECPAT (2013). Global monitoring status of action against
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Hounmenou, C., & Her, W. (2018). Distinctiveness in the
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42
ECPAT International (2012). Rights in Practice in Combating Sexual
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43
Ibid. (2012).
44
https://www.who.int/violence_injury_prevention/resources/
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https://www.togetherforgirls.org/the-issue/
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UNODC (2013). Global report on trafficking in persons 2012.
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______________________________________________________________ Endnotes
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50
ECPAT International (2015). Global Study on Sexual Exploitation of
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ECPAT International and Comité de Liaison des Organisations
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______________________________________________________________ Endnotes
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73
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75
ECPAT International (2016). Global Study On Sexual Exploitation of
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76
World Tourism Organization (UNWTO) (2017). A look at child abuse
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77
Ibid.
78
Concluding observations on the report submitted by Malawi under
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child pornography, the Committee on the Rights of the Child,
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79
Amran, A. “50 underage girls “sold weekly” as sex workers in
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95
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81
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82
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85
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88
Ibid.
96
______________________________________________________________ Endnotes
89
Ibid.
90
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92
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95
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96
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98
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______________________________________________________________ Endnotes
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Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
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Dubowitz, H. (2017). Child sexual abuse and exploitation—A global
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Economist Intelligence Unit (2019). Out of the Shadows: Shining
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Mohamed Suma; 2009 Challenges in Investigating and
Prosecuting Sexual Violence in Sierra Leone, Centre for
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National Child Justice Strategy for Sierra Leone, July 2006
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UN Guidelines on Justice for Child Victims and Witnesses of Crime,
part V.
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Barnes, K., Albrecht, P. and Olson, M. (2007). Addressing Gender-
Based Violence in Sierra Leone: Mapping Challenges, Responses
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Okojie, C.E.E. (2005). Trafficking in women for sexual exploitation
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“Fighting a rising tide of sex tourism.” The New Humanitarian
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275
Action Aid/UNIFEM (2007). Violence faite aux filles en milieu
scolaire-vers des stratégies durables. rencontre sous régionale, 1
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Hounmenou, C. (2017). Issues of Sexually Transmitted Infections
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Hounmenou, C. (2018). Policy Response and Service Provision to
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278
UNICEF, Plan West Africa, Save the Children Sweden West Africa
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ACPF (2010). Childhood scars in Africa, Retrospective study on
violence against girls.
280
USAID (2008). Are Schools Safe Havens For Children? Examining
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https://.google.com/store/apps/details?id=com.yoneco.ict.tithandizane
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Suma, M. (2009). Challenges in Investigating and Prosecuting
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Sexual Exploitation of Children in Africa: A Silent Emergency ______________________________
284
Sumner et al. (2015). Prevalence of Sexual Violence Against
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ACPF (2018). Spotlighting the Invisible, provides further examples
in Egypt and Liberia. Further detail on South Africa’s landmark
Thuthuzela centres and their provision of services to rape and
sexual offence victims is described on p 46.
288
ACPF (2019). Child Sexual Exploitation in Malawi: Country case
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289
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MoGCDSW (2015): see ACPF (2019). Child Sexual Exploitation in
Malawi: Country case Study.
292
Wangamati, C. K., Yegon, G., Sundby, J., & Prince, R. J. (2019).
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293
ACPF (2014), African Report on Violence against Children .
294
UN (2013). Toward a world free from violence: Global survey on
violence against children. Office of the SRSG on Violence against
Children.
118
______________________________________________________________ Endnotes
295
The MDAs that appeared in the budget allocations included the
Ministry of Gender, Children, Disability and Social Welfare; the
Malawi Human Rights Commission (MHRC); the Ministry of Local
Government and Rural Development (MoLGRD); the Ministry of
Civic Education, Culture and Community Development (MoCECCD);
the Ministry of ICT, Information & Civic Education (MoIICE); the
National Local Government Finance Committee (NLGFC); the
Ministry of Education, Science & Technology (MoEST); the Ministry
of Labour, Youth, Sports & Manpower Development (MoLYSMD);
and the Ministry of Home Affairs and Internal Security (MoHAIS).
296
UNICEF (2019). Child protection budget analysis in Malawi:
analysis of trends, gaps and opportunities. UNICEF Malawi
297
Ibid.
119