By Gugu Mgwebi

Throughout the African continent children remain victims of severe exploitation and suffering. This shameful situation can be attributed to survival decisions and actions that certain families take, especially in times of financial crisis.

In some cases, young girls are forced into early marriages as families try to reduce the number of persons to feed. Rural families leave for urban settings with the hope of attaining a better life and in the process their children are exposed to new environments that pose a high risk of bonded labour and exploitation.

As these families face difficulties in trying to eke out a living, children are inevitably required to supplement family income through child labour, trafficking and prostitution. The long-term effects of such circumstances hinder normal child development, particularly because of the trauma, neglect, emotional stress and stigma.

There has been great concern about HIV and Aids in Southern Africa and throughout the world.  The welfare of children orphaned by the pandemic has increasingly become a policy concern both in South Africa and  elsewhere (Adato et al., 2005; Bradshaw et al., 2002; Desmond et al., 2001; Pharoah 2004; Richter, Manegold and Pather, 2004; McGreal, 1999; South Africa, Department  of  Social  Development,  2005;  Steinberg  et  al.,  2002)

The South African government has tried to ensure that the rights of children are protected as stipulated in Section 28 of the Bill of Rights. This section, among other things, states:

Every child has the right to:

a. a name and a nationality from birth
b. family care or parental care, or to appropriate alternative care when removed from the family environment
c. basic nutrition, shelter, basic health care services and social services
d. to be protected from maltreatment, neglect abuse or degradation
e. be protected from exploitative labour practices

In spite of these constitutional provisions, there is overwhelming evidence pointing to the fact that we are far from a caring society in as far as children’s rights are concerned.

Orphans are particularly in special danger of the violation of several of their rights. One of the main programmes designed to protect the rights and improve the welfare of orphans and other vulnerable children is the foster care grant.  From the 2001/02 to the 2005/06 fiscal years, the amount spent on foster care grants increased from R364 million to R2 044 million. The number of  recipients  of  foster  care  grants increased  from  85 910  in  April  2001  to  256 325  in April 2005,  almost  a  tripling (South  Africa,  Treasury,  2005:  57).  The Department  of  Social  Welfare  plans  to increase  the  number  of  foster  care  grant recipients  to  472 138  by  the  2009/10 fiscal  year  (South  Africa,  Department  of  Social Development, 2006: 68)

However as the Minister of Social Development Dr Zola Skweyiya stated, in reference to orphans and other vulnerable children, “Our challenge is to identify these children so that we have an idea of numbers, in order to plan accordingly” It is difficult to develop social policy without a firm idea of the magnitude of the problem one is facing.

Reports state that the Eastern Cape Province has one of the highest HIV/Aids growth rates in South Africa, increasing from 0.4% in 1990 to 2.3% in 2002 for antenatal clinic attendees. By 2006 as per South Africa HIV/Aids statistics, HIV/Aids prevalence had risen to 2.9% in the Eastern Cape.

This crisis affects the provision of housing in fundamental ways, firstly as a result of the lack of accommodation for persons affected by the disease and secondly through orphans being left vulnerable with no parents and no place to live.  As a result alternative provisions have been made, drawing from the HIV/Aids policy in housing derived from Section 26(1) of the Constitution of South Africa, Act 108 of 1996.

In an effort to shore-up children’s rights, the African Child Policy Forum has made recommendations to governments which include: auditing and reviewing existing legislation on children, adopting and enacting on a priority basis pending bills relating to children’s rights, reviewing and harmonising the age of sexual consent and the age of marriage for both genders, ensuring universal free and primary education, abolishing corporal punishment, developing legislative provisions for the protection of orphaned and vulnerable children, reforming child justice administration, ensuring an institutionalised mechanism to monitor application and implementation of laws, ensuring timely reporting on application of laws and strengthening regional monitoring and peer accountability.

These will hopefully lead to the creation of a real conducive environment for children to grow up normally and realise healthy and wholesome lives.

References:
• www.stassa.gov.za
• www.africanchildforum.org.za
• www.constitutionalcourt.org.za

First published in the Transformer Vol. 14 No. 6 / Dec 2008 - Jan 2009