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EXECUTIVE SUMMARY

INTRODUCTION

The problem of Commercial Sexual Exploitation of Children (CSEC) has increasingly become a major global concern. The magnitude of the problem in the East and Southern Africa Region is not adequately documented, but UNICEF estimates that millions of children in the region are sexually exploited. The worldwide pervasiveness of the problem culminated in the first World Congress on Commercial Sexual Exploitation of Children held in Stockholm, Sweden in 1996 to put the problem on the international political agenda. This conference, which led to the adoption of an international Action Plan against the Commercial Sexual Exploitation of Children, received the endorsement of UN agencies, NGOs and many governments.

Many countries and NGOs from the Eastern and Southern Africa Region have since committed themselves to the adoption of the Agenda for Action. As a follow up to the first World Congress, a second World Congress is being convened in Yokohama, Japan in December 2001. The second World Congress will review the progress made by the international community towards the elimination of the problem of commercial sexual exploitation of children.

This Situational Analysis (SitAn), prepared in partnership between UNICEF and ANNPCAN, seeks to review progress made in the East and Southern Africa Region in curbing the problem, in preparation for the Yokohama Congress on the Commercial Sexual Exploitation of Children.

OBJECTIVES

This SitAn presents the state of sexual exploitation of children in the East and Southern African Region and measures taken to stop it. The objectives of the Situational Analysis are:

1.   To assess all forms of sexual exploitation and focus on the links between non-commercial and commercial sexual exploitation.

2.   Examine all issues related to the sexual exploitation of children and HIV/AIDS.

3.   To highlight regional priorities and initiatives in curbing the practice and make recommendations.

METHODOLOGY

The report is based on both primary and secondary data. The secondary data was collected through an extensive review of current literature based on studies, surveys, reports and assessments on the issue of sexual exploitation of children, in general, in the region since 1996.  In particular, an examination and analysis of program and policy documents, as well as those covering the general aspects of sexual exploitation of children, has been done. An extensive search was made of materials on the subject area through the Internet. Some information has also been obtained through interviews with key informants, with NGO officials, government officials and other stakeholders. 

MAJOR FINDINGS

(a) Magnitude and Link between CSEC and HIV/AIDS: The magnitude of the problem of Commercial Sexual Exploitation of Children in this region can not easily be quantified due to lack of adequate data and surveillance mechanisms. It is also clear that commercial sexual exploitation in the region can not be analyzed in isolation from the broader problems of sexual abuse and sexual exploitation. However, there is an overwhelming amount of anecdotal evidence that the problem of sexual abuse and sexual exploitation (including commercial sexual exploitation) of children in the region is an extensive problem. Children are sexually abused and exploited in the home, school, community, in the workplace and brothels. It is also clear that the HIV/AIDS pandemic is both a cause and consequence of sexual exploitation of children in the region.

(b) Commitment and Status of National Plans: In this region there is widespread commitment, in principle, to child welfare and protection. This is exemplified by the signing of the Convention on the Rights of the Child and public pronouncements of a commitment to the Stockholm Agenda for Action.

Most of the countries in the region had also committed themselves to the development of national plans of action against the Commercial Sexual Exploitation of Children prior to the to the end of the year 2000.  However, apart from South Africa and Mauritius, none of the countries in the region have met the targets specified in their national plans. Most countries in the region are yet to fully develop and adopt national plans of action. However there are indications that most countries are taking positive steps towards completion and adoption of their national plans of action.

(c) Policies and Programs: It appears from the literature that the Stockholm Congress did encourage increased interest in the fight against commercial sexual exploitation of children in the region. Since 1996, many policies, programs and activities have been put in place in the areas of protection, prevention, recovery and reintegration within the region. The NGOs, however, seem to be taking the leading role in this area. In most countries the role of government seems to be minimal and only restricted to legislation, a role that most governments are yet to handle effectively.

Protection: Although there are efforts to improve legislation to protect children against CSEC in most countries in the region, it is evident that many laws are still outdated, flawed, ineffective or difficult to implement. Most lack specific provisions for CSEC. However, some countries have recognized the weaknesses in their laws and as a result, efforts are being made to improve them. Even for those countries where adequate laws are in place, such as South Africa, Mauritius and the Seychelles, successful protection is not possible because law enforcement remains a problem.

Prevention: Prevention of CSEC in the Eastern and Southern African Region has mainly been in the form of awareness creation. With the exception of a few, most countries have carried out awareness raising and information campaigns, although most of the work has been carried out by NGOs. However, further work needs to be done towards prevention of CSEC in the region because other aspects of prevention, such as access to education, family education and development assistance, and the promotion of behavioral change in the exploiters have not been given adequate attention in some countries.

Recovery and reintegration: With reference to recovery, rehabilitation and integration, there are inadequate services available to children who have been sexually exploited and abused. Except for a few countries, including Kenya, Mauritius, South Africa and the Seychelles, which have good examples of recovery and reintegration initiatives, others are doing poorly in this aspect. These countries are yet to address such issues as counseling, training of those working with victims, prevention of social stigmatization, provision of alternative sources of livelihoods to victims and reintegration of victims into their communities and families.

SUCCESSES AND CONSTRAINTS

Successes: Success is evident in those countries that have developed national plans, such as South Africa and Mauritius, where a systematic approach in tackling the problem of CSEC is emerging. In other countries in the region, there are piecemeal actions. The greatest success throughout the region has been increased awareness of CSEC, which has resulted in more NGOs and community-based associations being involved in the campaign to tackle CSEC and increased reporting of cases of CSEC by both children and the public.

Constraints: The main difficulty encountered throughout the region is a lack of capacity. Lack of human and financial resources impedes the tackling of CSEC. This problem is pervasive within relevant government ministries and the NGO sector. The problem of lack of trained personnel to work in the area of CSEC has been identified in having an effect on integration and rehabilitation services. This has hampered counseling and support services to victims. There is also an apparent lack of adequate data and information on which effective interventions in the region can be based.

CONCLUSION AND RECOMMENDATIONS

Conclusion: This report concludes that in order to overcome obstacles to the implementation of the Stockholm Agenda for Action on CSEC, greater coordination is required amongst and between non-governmental organizations and government agencies. The most fundamental change will have to come from governments, who need to develop political will and serve as the catalysts for change by taking the commitments made under the Stockholm Agenda more seriously. A holistic approach is needed to the fight against all forms of sexual abuse with full participation of communities and children, taking into account cultural settings and contexts.

Recommendations: This report recommends that urgent measures need to be taken in the field of law enforcement, education and recovery, rehabilitation and integration of victims. Proper legislation needs to be established and enforced. Law enforcement officials also require education on how to clamp down on the culture of impunity surrounding CSEC. More initiatives are also needed to reduce the number of children getting into the sex trade by giving them alternative methods of subsistence. Training on recovery, rehabilitation and reintegration is clearly required in the region. This will equip personnel with skills and knowledge on how to carry out this work. More specifically the following is recommended:

·      There is a need to broadly interpret the ‘in-kind’ elements of commercial sexual exploitation taking into account various cultural contexts.

·      All initiatives with children, families and communities need to be culturally sensitive and appropriate. Programs must build on positive cultural and traditional practices.

·      Protection, prevention and rehabilitation must be seen as part of the community’s responsibility and also stress child participation.

·      There is a need to develop alternative means of livelihoods for victims and their families.

·      Research and information gathering must be improved.

·      There is a need to expand training, build capacity and expertise nationally and regionally.

·      Awareness at the grassroots levels should be intensified.

·      Improve on legislation and enforcement of the law pertaining to sexual exploitation of children.

1.             GLOBAL OVERVIEW OF COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN

1.1         Introduction

The Convention on the Rights of the Child (CRC) defines a child as a person under the age of 18 years. The CRC, which has been ratified by every country in the world except the USA and Somalia, provides for the right of the child against sexual exploitation. Article 34 states:

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

(a)  The inducement or coercion of a child to engage in any unlawful sexual activity;

(b)  The exploitative use of children in prostitution or other unlawful sexual practices;

(c)  The exploitative use of children in pornographic performances and materials..

Article 19 also provides that the child shall be protected against all kinds of physical or mental violence, including sexual abuse.  Other relevant articles include Article 35, which says that children shall be protected from being abducted, sold, or in other ways treated as merchandise.  Also Article 39 observes that children, who are exploited, exposed to abuse or cruel or degrading treatment should be helped with rehabilitation.

Commercial sexual exploitation is a sub-set of a wider problem of sexual abuse and exploitation of children. It can therefore not be analyzed in isolation from the wider problem of sexual abuse and exploitation. Commercial sexual exploitation of children is old and new; old in that it includes traditional practices and new in that globalization and advances in technology are posing a different set of challenges.  Sexual abuse of children entails economic, social and political aspects, and it takes place in most countries.  The global sex sector is growing, with an accelerated demand for younger children due to inadequate government intervention and lax law enforcement particularly in terms of protective measures for children.

Globally, the major causes of commercial sexual exploitation of children include poverty, war and natural disasters, economic injustices, disputes between rich and poor and large-scale migration and urbanization.  Other factors include lack of education, disintegration of family and social values, social attitudes, lack of protection to children at risk and under-funding or failure of social services. Poor systems of governance and inadequate legal systems also fail to prevent injustices towards children or to protect them from criminal acts.  Gender discrimination, gender gaps in education and a double standard of morality for men and women also contribute to the persistence of inequality and exploitation.

The commercial sex services sector includes pornography, prostitution and trafficking in children for sexual purposes and for profit.  Child exploiters are known to deliberately seek occupations that put them in frequent contact with children and these perpetrators of child exploitation include some of highly esteemed members of society.  The child victims of commercial sexual exploitation worldwide are both boys and girls, although the vast majority are girls aged between 10 and 18 years. Recent research evidence suggests that the age of the children involved is decreasing and the sexual exploitation of children as young as six is increasingly becoming pervasive (ECPAT, 2000).

The commercial sexual exploitation of children often involves violent forced labor. It comes about due to inadequate or lack of institutional mechanisms to promote children’s rights, thereby exposing children to various forms of exploitation. Oppressive aspects of traditional and society’s assumptions about gender and sexuality, as well as the low value placed on women and girls, put young girls in a particularly vulnerable position.

The problem of commercial sexual exploitation of children is often attributed to ‘other countries’ in an attempt to shift attention from domestic policies and the root causes such as poverty, marginalization and indifference to the welfare of children.  In general, it is the poor in society who are most vulnerable to sexual exploitation because they lack both resources and political power. In this hierarchy in both developed and developing counties, children are at the bottom. The continued spread of the HIV/AIDS pandemic will greatly increase poverty.

The economic and social bases for prostitution remain strong in many developing countries, largely because social safety valves are still largely absent, income inequalities remain wide and child protection mechanisms are ineffective or non-existent (ECPAT1996). Sexually exploited children often fall outside the social welfare net.

Sexual exploitation of children results in serious and often life-threatening consequences for physical, psychological and social development, including threat of early pregnancy, maternal mortality, infancy, retarded development, physical disabilities and sexually transmitted disease including HIV/AIDS.  At the community level, commercial sexual exploitation of children represents erosion of common values and rights.  Commercial sexual exploitation of children therefore constitutes a fundamental violation of children rights. This calls for concerted efforts to eradicate these practices and to give children equal rights to others.

1.2         The Stockholm Conference

In the early and mid 1990’s, reports of sexual exploitation of children became more pervasive. Such reports indicated how children were being bought and sold, drugged and abused and then finally raped.  There was a surge in public opinion that something had to be done to address the problem. Initially attention concentrated almost exclusively on Southeast Asian countries, where cases of child abuse and exploitation were seen as more pervasive. However, attention quickly shifted to Africa, Eastern Europe and Latin America. The organization, Child Prostitution, Pornography and Trafficking in Children for Sexual Purposes (ECPAT), an active force in the international battle against the sex trade, was formed in Thailand in 1991. In order to put the issue of sexual exploitation of children on to the international political agenda, ECPAT helped in the organization of the first World Congress Against Commercial Sexual Exploitation held in Stockholm, Sweden in 1996.

The Declaration and Agenda for Action of the World Congress against Commercial Sexual Exploitation of Children (1996) provided the following general definition of the practice:

 “The commercial sexual exploitation of children is a fundamental violation of children’s rights. It comprises sexual abuse by the adult and remuneration in cash or kind to the child or a third person or persons. The child is treated as a sexual object and as a commercial object. The commercial sexual exploitation of children constitutes a form of coercion and violence against children, and amounts to forced labor and a contemporary slavery” (ECPAT International, 2001).

The Stockholm World Congress in 1996 adopted an action plan for the future battle against the commercial sexual exploitation of children, which was widely supported by UN agencies, NGOs and many governments who attended the Congress.  This plan of action urged governments to inter-alia put in place legislation and laws protecting children from sexual exploitation. The plan further emphasized prevention work, education and research and points out various forces in society that must work together to optimize the fight against sexual exploitation such as authorities, child rights organizations, travel agencies and the hotel industry.

The states participating at the congress bound themselves to have in place before the year 2000, an international action plan to combat sexual exploitation of children.  This action plan, which is based on the five years following the 1996 Stockholm World Congress against commercial sexual exploitation against children, more concrete partnership has been fostered between different sectors to counter child sexual exploitation, especially child prostitution, child pornography and child trafficking for sexual purposes.  More transparency and increased legitimacy in the fight against sexual exploitation have also characterized the same period.

The year 2000 was given as the year by which all countries are expected to have formulated a plan or agenda to counter child sexual exploitation. However, the question is, have these expectations been fulfilled?

2.             FORMS OF COMMERCIAL SEXUAL EXPLOITATION

In 1996 the Eastern and Southern African Regional Consultation on the Commercial Sexual Exploitation of Children, a preparatory consultative meeting for the First World Congress against the commercial sexual exploitation of children, was held. This consultation observed inter-alia that the 1996 World Congress focus on  ‘commercial’ aspects of sexual exploitation did not sufficiently reflect the concerns of the region.  Apart from commercial sexual abuse of children, it was observed that there were more alarming occurrences of the non-commercial sexual abuse of children in the form of domestic violence and incest. It was also suggested that far more attention needs to be paid to abuse in the home as both a primary cause of commercial sexual exploitation and as a far more serious problem in itself. Delegates attending a Workshop on Child Sexual Exploitation, 9-12 November 1998 at Mukono in Kampala, also noted that issues relevant to the African situation were not fully discussed at the world conference (Warbuton and Marriam, 1998).

Child sexual exploitation in the region exists in many forms, but the main forms are child prostitution, child pornography, sale and trafficking in children.  Other forms include incest, early child marriages, rape, sodomy and defilement, kidnapping with intent to marry or indecent assault. In this region it is becoming clear that child prostitution, pornography, sex tourism and trafficking are very intertwined. Usually a child  begins in one and is caught up in the others in the process. It is, however, worth noting that the non-commercial types of sexual exploitation are more pervasive than CSEC.

2.1         Sex Tourism and Sexual Exploitation of Children

In the Eastern and Southern Africa Region, the number of tourists from western countries has increased dramatically. While most of these travelers may not deliberately be seeking sex when they travel, the number of those who make use of commercial sex is considerable. Domestic tourism also makes a contribution to commercial sex.

Various reasons have been advanced for the increase in the number of foreign visitors engaging in sexual exploitation of children in this region:

(i)         When tourists come to the region there is anonymity, which releases them from the usual restraints which determine sexual behavior in their home countries. Men who would never visit brothels in their home countries end up doing so especially in the most famous tourist destinations in the region.

(ii)        At their destinations, most tourists may not understand the cultural values of the host communities. This leads them to make assumptions, which are untrue, but which allow them rationalize their sexual exploits. For example, it is common for western tourists exploiting children sexually to rationalize that this is a way of helping poor children and their families get some money. They see it as a way of reducing poverty.

(iii)       Tourism has also been known to reinforce prejudice. Some foreign visitors to Africa hold strong ethnocentric views, whether explicit or obscure, about the inferiority of others. These attitudes may lead them into exploiting children whom they consider to be inferior.

(iv)       The relative economic superiority of western visitors tempts them to sexually exploit and       abuse children. Wealthy local tourists are also known to engage in the practice.

(v)        Sexual exploitation of children by tourists in this region also persists because children are readily available. The ease with which tourists in some areas can obtain children as sexual partners is, in itself, a powerful incentive for some to try the novelty of a child sexual partner.

(vi)       Finally, because tourists are often willing to pay large sums of money for sexual services from children, the trade in children is becoming lucrative to criminals and therefore more commonplace in the region.

The international organization and promotion of sex tourism takes place in different ways. First, there are those who see sexual exploitation of people in the ‘third world’ countries as a ‘hobby’ and would dedicate themselves to providing information for like-minded individuals on a non-profit making basis, particularly via the Internet. This involves the exchange of information on sexual tourism. In the South African region this is becoming more widespread via the Internet, with some men contributing pornographic accounts of their exploits with children.  Secondly, the lack of legislation inhibiting the location of pornographic materials on the Internet allows the persistence of the practice in the Eastern and Southern Africa Region (Molo Songolo, 2000). Thirdly, the linkage between sexual tourism and other forms of commercial sexual exploitation in the region is increasingly becoming evident.

In Malawi, the incidence of children being abused by tourists is very prominent. Mumba (1998) notes that there is illegal exploitation of children by expatriates. Foreigners who pose as philanthropists also sexually exploit boys in tourist areas. The abusers have been reported to be ordinary men and substance abusers, with some of the men being married.

2.2         Child Prostitution

Child prostitution generally refers to the use of a child in sexual activities for remuneration or any other considerations (ECPAT, 2001). The term prostitution is widely used but there is a growing concern that it obscures the nature of sexually abusive behavior, wrongfully focuses on the concept of informed consent and frames the children as offenders rather than the victims.

Child prostitution is an emerging phenomenon in Kenya and all the other countries in the region. There are an increasing number of young children entering prostitution as a means of survival. Many of the children in Kenya are exposed to sex at an early age, especially children from slum areas (CWSK, 1989;Okumu, 1992).

An overwhelming majority of children in Kenya are abused in the streets. They are either orphaned, destitute or from families facing conflicts or too poor to offer children the necessities of life. The large numbers of child domestic workers are also likely to be abused as house servants.  Due to peer pressure and influence, these children take off to the streets to hustle for money (Onyango, 1996). This trend has also been reported in other countries in the region (Molo Songolo, 2000; Nyonyintono, 1998; UNICEF, 2000).

A unique feature of child prostitution has been noted in Kenya: this is communal living of child prostitutes who cannot afford to live alone. Communal premises may be used for sexual purposes; otherwise the perpetrators usually take the children to other places such as boarding and lodging hotels.  Adults also keep children in their own houses for sale and hire them out as prostitutes. People take in destitute children, but instead of taking care of them, they hire the children out from time to time as prostitutes.  Some children are also kept in brothels alongside adult prostitutes. This is common in Mombasa, Malindi, and Nairobi. This kind of prostitution seems to occur unnoticed. Brothels in Mombasa are mainly located in residential areas and deal mainly in male children. In Nairobi, brothels are mainly registered as ‘Bar and Restaurant’, and deal mainly with female children (Onyango, 1996).

The border town trade between Kenya and Uganda has also contributed to child prostitution. As family members carry out business to earn a living along the boarder towns, with their children beside them, the children are exploited and become integrated into the business. This also increases the frequency of contact of young children with the older children as well as with the adults. After several years of contact and trade, many children learn to use sex as a means of crossing the boarders, attracting little suspicion from border authorities.

Prostitution for many children is one of the only survival options available to them and with the growth of sex tourism, more and more youngsters are attracted to the tourist areas in order to make money.   Some parents also actively encourage their daughters to make money in this way with the ultimate hope the daughters may find a tourist who will marry them and provide them and their family with new financial and travel possibilities (Marsen, 1989). Among sex workers, it is the younger ones who have less experience and less bargaining power and are the most exploited.

Homosexual sex tourism in Kenya is a form of sexual exploitation particularly for the boy child. Although accurate data on this phenomenon is lacking, it is a feature of sex tourism in Kenya associated with coastal towns such as Mombasa, Malindi and Lamu. Tourist agents, both local and foreign, are reported to direct and guide tourists to special child prostitutes. For example, in Malindi, many European tour operators and tourists engage in this practice. Tour organizers normally employ children as traditional dancers and often the tourists request the sexual services of these performers (CWSK, 1989).

In South Africa and Zambia, child prostitution is apparent.  In South Africa, there are reports of children who are involved in commercial sex work, either on the streets, in hotels or sex clubs in major cities such as Cape Town, Johannesburg, Pretoria and Durban.  In Zambia, child prostitution exists throughout the country with the worst affected towns being Lusaka and Livingstone.  High incidences of HIV/AIDS in the Southern Africa region have resulted in younger and younger children being prostitutes in South Africa and Zambia.  In South Africa children as young as eight have been found in brothels while in Zambia ten-year-old girls are also reported (Molo Songolo, 2000).

The child prostitution areas in Kampala, Uganda include slum areas in Katanga, Kisenyi, and around Owino market. In lodges and bars in these areas, girls are supposedly employed as workers, but in reality the bar owner gives them this ‘front’ to attract clients who pay for sex. The girl gives a commission to the bar owner and earns a living that way. The girls also provide such services as cleaning, bed making, fetching water and related hotel chores (Mwaka, 1998). This practice is also common in major cities in the East and Southern Africa Region.

2.3         Child Pornography

Child pornography is any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes (ECPAT, 2001). This practice, which involves production of pornographic films, photos and video material of children or the exposure of such materials to children, is banned in most countries within the East and Southern Africa Region. However, the practice goes on clandestinely, especially in major cities because of the existence of technologies such as the Internet.

The production of child pornography in most countries within the East and Southern Africa Region is not well documented and pornographic materials are thought to mainly originate from abroad. However, there are reports of women and children being enticed into the production of pornographic materials in the region.  Private, wealthy individuals import pornographic material illegally. This form of sexual exploitation has been found to be widespread in the coastal towns of Kenya and major tourist destinations in South Africa and many other towns in the region (Schurink, 1996). Cases of child pornography are rarely reported and examples are hard to come by because of its illegal nature.

Information on child pornography is therefore limited as it is hard to detect and is considered taboo in the region. In South Africa, child pornography involving both boys and girls is increasing and is also readily available.  There have been incidences of pornographic films and photographs being sold by locals on the international market at the request of foreigners (Molo Songolo, 2000). Lack of information technology has also inhibited child pornography from spreading rapidly in the region.

Child pornography is the sexually explicit reproduction of a child’s image.  It is in itself a form of commercial sexual exploitation of children.  Encouraging, forcing or fooling children (often with the use of drugs) to pose for pornographic photographs or to take part in pornographic videos is demeaning and designed to take away a child’s dignity and self respect.  It reduces the value of the child’s body to nothing, teaching the child that the body is for sale and has no other value. Consequently, it is usually a first step towards prostitution.

Child pornography also involves coercion and violence, which are sometimes part of the story-line of video or photo shoots and are regularly inflicted on the unwilling child to secure submission and co-operation.  Some exploiters satisfy their sexual fantasies by producing child pornography, playing a part themselves.  Images of children engaged in sex, or posing, whether still or video, are used to increase demand for child sex.

2.4         Child Trafficking

Many children in the East and South African Region are increasingly being trafficked from rural to urban areas through intermediaries or by loosely organized crime networks.  Trafficking of children for sexual purposes is a growing problem in the region.  In the region, South Africa is one of the main trafficking centers and is also the main country to receive children who are trafficked. Young girls from both Zambia and Mozambique have been found to be working in the sex industry in major South African cities, including Durban and Johannesburg.  Unconfirmed reports indicate that children from South Africa are sent to European countries for sexual purposes.  It is thought that Zambian girls are trafficked to third countries such as USA, Israel and Russia via South Africa (O’Connell and Sanchez, 1996).

In South Africa the trafficking of children is predominantly an in-country phenomenon. Most children are trafficked within the vicinity of their place of origin. Girl children are the primary targets, although boy children have also been identified as victims. Girl children range in age from four to seventeen years. Parents and local gangs are the primary traffickers of children and sometimes collude with each other. Traffickers in South Africa are predominantly locals (Molo Songolo, 2000).

In the cross-border trafficking of children the main traffickers are foreigners. They are mainly individuals and crime syndicates from Eastern Europe, Mozambique and Thailand.

Trafficking usually takes various forms:

(i) A child is forced to submit to sexual exploitation by a family acquaintance or a person in authority. This may be done through abduction, deception or coercion. The child is used as a surrogate wife, to cook and to clean. She is raped and abused physically. The inclusion of this phenomenon as a form of trafficking draws on the voices raised by the Eastern and Southern African consultation to the Stockholm conference. The argument was for the broadening of the definition of commercial sexual exploitation to include all forms of sexual abuse against children (Friedman, 1996; Molo Songolo, 2000). This practice is in essence a non-commercial practice, but it is linked to a number of elements identified with trafficking. These elements include abduction and removal of a child from his/ her place of residence, the use of the child as a surrogate wife, where the child is involved in domestic and sexual labor against her will.

(ii) Trafficking of children into the sex industry by children already in the industry. In this instance children will either recruit their siblings or friends or will recruit children living on the street. This recruitment is not necessarily for street prostitution alone. Children have been trafficked in this manner and found themselves in foreign countries.

(iii) New or relatively established business ventures advertise in national and local newspapers, for teenage girls of working age, to work in the hospitality or film industry. This work turns out to be work in the sex industry. The process by which the child is coerced into sex work appears to be similar to the manner in which syndicates and individual gangs operate.

(iv) In some countries there is trafficking of children from rural to urban areas to work as domestic helpers for prosperous families.

(v) There are also cases where poor parents give their children for foster care to foreigners in good faith on the understanding that the children will be given free education overseas. Indications are that some of them end up being sexually exploited.

2.5         Child Marriages

Child marriages are a form of sexual exploitation. In Kenya child marriages are common especially among the pastoral communities, in districts including Kajiado, Transmara, Moyale, Wajir and Mandera. In some communities children are married off when they are as young as six years old. A man’s wealth in these communities is the overriding factor in child marriages, not his potency. The richer a man, the larger the number of child brides he can afford.

Civil strife in neighboring countries such as Uganda has also been cited as a reason for child marriages (Mwaka, 1998).  In Kenya, on the Busia border, early marriages are mainly between children running away from Uganda and Kenyan old men. This phenomenon has also been reported in other parts of the region where there is civil strife, such as Angola, Democratic Republic of Congo, Burundi and Mozambique (Friedman, 1996).

In the East and Southern Africa Region, early marriage is closely associated with a society’s concept of children and the situation of any given child. In Uganda and Kenya, for example, cultural practices such as initiation ceremonies and the view that the onset of puberty is the cut-off point between childhood and womanhood, means that adolescents are not defined as children in many cultural practices. This is also the basis for early marriage (Kalemera and Sameji, 1998).

The HIV/AIDS epidemic has also contributed to early marriages (UNICEF,2000).  Many adult males seek out young girls for sex and/or marriage in the belief that they are free from HIV, that they are easy to please and control and on the basis that they lack the means to cause trouble in case the relationship does not work out. These are all beliefs and practices which have increased the incidence of early marriage and sexual exploitation of under-age girls.

Children who are married off prematurely are usually not attending school, either because they never went to school, or because they dropped out of school, but in either case, the root cause being poverty.  Thus because the view that a girl who is not in school or in marriage is ‘doing nothing’, there is considerable pressure on the parents/guardians to settle them in marriage before they get ‘spoilt’. However, there is a lot of debate as to whether early marriage is sexual abuse or sexual exploitation or both. Proponents of early marriage say that it is in the best interest of the child to settle her in marriage before she becomes sexually active and destroys her chances of marriage.

In Kenya some parents are known to marry off their young girls to older men in order to obtain money to meet educational fees for their male siblings and for other purposes. In pastoral communities, early marriages are common where parents marry off their young girls in exchange for livestock. These exchanges, of cattle for girls and women, form an integral part of the local economy.

In Malawi, one of the factors contributing to the phenomenon of child marriage is the shift in the age of menarche. Around 30 - 40 years ago, many girls attained menarche later than is currently the case. Once a girl reaches menarche, she is considered mature enough for marriage. As girls generally reach menarche at an earlier age now than 30 – 40 years ago, they are forced into marriage at an earlier age (Kaponda, 2000).

The consequences of early marriage for girls in the region are severe. According to the Uganda National Population Secretariat Report of 1997, women and girls die prematurely due to poor health because girls/women produce babies ‘too early, too often and too long’.  In other words, many die because the mother is under age (too early) and another proportion dies because of poor child spacing (too often). Thus, some healthy under-age mothers suffer by having children too often and eventually die.

Most young girls marry into ongoing families as second or third wives and face competition and related stress and strain at a tender age. The hardship of dealing with a polygamous marriage and parenting is often beyond the capacity of an under-age wife.

3.             MAGNITUDE AND LINK BETWEEN HIV/AIDS AND CSEC

3.1         Magnitude of the Problem

There is little quantifiable data on CSEC in the region. However, there is an overwhelming amount of evidence that sexual exploitation and abuse (including commercial sexual exploitation of children) is a massive problem. Indeed, there is a clear indication that sexual abuse and exploitation of children within the home, school and workplace is widespread in the region. Such children are more likely to end up in commercial sex work (Kaponda, 2000).

One of the major problems that have hindered efforts to establish a broader knowledge base, which could inform and direct efforts and policies, is the inconsistent use of phrases such as ‘sexual exploitation of children’. The discrepancies create lack of clarity about what programs and policies are actually addressing in reality. There are differences in the usage of the terms ‘child’, ‘young person’, ‘prostitute’, ‘prostituted’, ‘sexually abused’, ‘victim’, ‘survivor’ or ‘abuser’.  While in some instances the difference is accurate and relevant, in other cases, practitioners working in the field may consider the language used as inappropriate. It may be seen as conveying certain negative values and perceptions, or even as demeaning.  Linking the abuse of children through commercial sexual exploitation, with incest, and other forms of sexual abuse, may be confusing when seeking to identify commonalties of approach and in gathering incidents about the scale of the problem. The sheer scale and magnitude of the problem is therefore a matter of conjecture largely due to ambiguity in the definition and interpretation of the term ‘child sexual abuse’ and social stigma associated with the act of child sexual abuse.

The problem of acquiring statistics on the magnitude of the problem in the region is further complicated by the fact that most of the cases go unreported. Those that are reported seldom reach a satisfactory conclusion according to existing laws. Information on male children who are sexually abused and exploited is also lacking. The major reasons for poor statistics include:

(i) Fear of shame and stigmatization of the victims and their families, or reluctance on the part of the family to report, especially where the perpetrator is dominant, richer and/or more powerful in the community.

(ii) Poor reporting by victims themselves to adults caretakers/family members occurs due to a lack of awareness (young children), fear that the child himself/herself may be considered to have consented and be held responsible, or even where the perpetrator is an authority figure (teachers, employers, extended family head or members on whom the child is dependent).

(iii) Lack of faith in the official law enforcement mechanisms (police, courts of law) coupled with weak capacity of these agencies also leads to under-reporting of cases.

Despite the lack of statistics, there can be no doubt that commercial sexual exploitation of children in the East and Southern Region of Africa is increasing and needs to be curbed. Commercial sexual exploitation of children in the region remains largely a street children phenomenon, as opposed to other non-commercial aspects of sexual exploitation.  In Africa’s major cities, poverty remains the major driving force behind child prostitution. It is an issue of survival, where children sell sex in exchange for money, food, clothing or school fees.

A study conducted in Malawi, found that childhood sexual abuse acts are perpetrated by someone responsible for child care such as parents, boyfriends, girlfriends, stepfathers/mothers, grand parents, daycare providers, baby sitters, teachers, other professionals and adults in general. Such kinds of sexual abuse may include incest, which is a type of sexual exploitation between blood relatives or surrogate relatives before victims reach the age of 18 years (Kaponda, 2000).  This type of abuse has been reported in some other countries in the region (Mwaka,1998; Ratter,1998).  Some children who have been abused in this way are reported to end up on the streets.

Research shows that a rise in the incidence of sexual exploitation in Namibia has been attributed to poverty.  In Lesotho, street children are a growing problem in the capital city of Maseru.  According to a Human Rights Watch (2001) study, South African girls continue to be raped, sexually abused, sexually harassed and assaulted at school by male classmates and teachers. For many South African girls, violence and abuse are an inevitable part of the school environment. Indeed, while girls in South Africa may have better access to school than their counterparts in other sub-Saharan African countries, sexual violence and sexual harassment impede their access to education on equal terms with male students.  Violence against women in South African society generally is widely recognized and has reached levels amongst the highest in the world (Human Rights Watch, 2001). Sexual violence and harassment go unchallenged and currently constitute a significant hurdle to equal opportunities for South African girls. The suffering and state of poverty that some of these children face sometimes drives them into commercial sex as the only viable means of a livelihood.

In three South Africa provinces visited by Human Rights Watch (2001), cases of rape, assault and sexual harassment of girls committed by both teachers and male students were documented.  Girls were fondled, raped in school toilets, empty classrooms, hallways and in hostels and dormitories. Years of violent enforcement of apartheid policies have fueled a culture of violence.

In Kenya, it has been noted that even when children have school fees paid, additional factors can force them to drop out of school as a result of physical, verbal and sexual abuse. The children reported severe beatings and punishment by teachers. They were also made to fetch water or clean the school compound or in extreme cases, clean the teacher’s compound in order to receive passing grades. Some girls in particular are forced to provide sexual services to teachers to avoid repeated harassment. Those who resist completely often have to bow out of school if these harassment persist (UNICEF, 2001). 

The increasing numbers of child laborers in the region has contributed to the sexual exploitation of children. For example, the Ministry of Labor in Kenya has identified the problem of children working in agriculture, particularly on coffee and tea plantations, as being of great national concern. It estimates that some 17,000 children were engaged in contractual employment on various plantations between 1995 and 1998 in contravention of national labor laws.  In the absence of any clear employment criteria, most of these children, especially the girls, are employed after providing sexual favors to the plantation managers. Children with a contract represent a small percent of the overall children working since plantation owners employ the great majority unprotected by contract under the pretext of helping their parents (UNICEF, 2001). According to Okumu (1992) some of these children in Kenya have ended up in the sex trade, especially when such types of sexual abuse have persisted. In Malawi, the government also acknowledges an increase in child labor, especially on tobacco and tea estates (Government of Malawi, 2000).

Young plantation workers of both sexes described being sexually abused by men in the plantations in the evening while awaiting transport to return to their houses. Farm managers or supervisors were reported to take advantage of the prevailing poverty to have sexual relations with the daughters of employees in exchange for money, food or even school fees (UNICEF, 2001).

In Malawi, lack of research and statistical information about the nature and extent of commercial sexual exploitation of children hinders the knowledge regarding the magnitude of the problem (Kaponda, 2000).  In Uganda, child prostitution is on the increase especially in Kampala and other urban areas of the country (Nyonyintono, 1998). In Burundi, the government admits that as a result of poverty, children frequently abandon their families at an early age to look for a job, which may be in prostitution.

According to Kaponda (2000), child labor in Malawi has existed for a long time. Most parents rear their children in anticipation of receiving assistance from them. These expectations tend to differ according to the parent’s education and occupation. Those parents with no regular source of income tend to depend on the entire family members to contribute in different ways to the running and earnings of the family. It is through such kinds of principles that, apart from physical and mental abuse, children may end up doing anything, including commercial work to meet family demands (Nyanda, 1995).

In some districts in Malawi, there are still traditional practices that encourage sex between young girls and older men. In places where this happens, as an initiation into adult life, young girls are given older men to have sex with. This is supposedly meant to serve two purposes: firstly, it is intended to give the little girl experience of sex and secondly, it gives the girl a different social status (Kaponda, 2000).  When young children are initiated into sexual activities they may end up in the sex trade later in life as a means of survival, especially in cases of poverty.

It therefore follows that commercial sexual exploitation in the region can only be analyzed in the context of the wider problem of sexual abuse and exploitation of children.

3.2         Linkages between CSEC and HIV/AIDS

HIV/AIDS is both a cause and consequence of CSE in the region. From the onset of the HIV/AIDS epidemic in 1981 through to the end of 1998, 8.5 million people in the Eastern and South African region died of the disease. In at least five countries in the region, more than 25% of pregnant women test HIV- positive. The epidemic is currently increasing the number of children who are orphans. It is estimated that six million of the region’s children have been orphaned by AIDS, which accounts for 70% of the region’s children under 15 who have lost one or both parents A further 700,000 children are infected with the disease – over 60% of the world’s infected children. The majority of the AIDS orphans in the region are forced to earn a living on the streets through prostitution (UNICEF 2001).

It is impossible to estimate how many thousands, if not millions, of African children are being sexually exploited (Hammis, 1996).  With conflicts in at least half a dozen countries and five million AIDS orphans by the year 2000 and an expected 40 million by 2010, the number of cases is expected to soar.  In Addis Ababa, Ethiopia, half of the 100,000 prostitutes are under 18 years of age according to Save the Children (Hammis, 1996).

In Kenya, children get themselves into the sex industry through relatives, neighbors, friends and through pimps.  The perpetrators are local people, migrant workers, expatriates, child workers, schoolboys and boyfriends, tourists and adults who think that young girls are safe from HIV/AIDS. The age range of children who are sexually exploited is from 9 -17 years with the average age being 15 years (Okumu, 1992).  Most of the children who are exploited are schoolgirls, but sometimes boys, young migrant girls, domestic servants or those previously domestic servants, girls whose mothers are prostitutes or were, beach boys and girls and school dropouts (Chissim, 1998). The spread of the disease and its deadly consequences has led to the dangerous myth that sex with a virgin or young girl will either cure or prevent AIDS, which in turn has stimulated child prostitution. The growing number of sexually exploited children has also contributed to the spread of HIV/AIDS among the group.

African culture allows for children to work within the family, the extended family and often the community, but the region’s current economic woes, compounded by HIV/AIDS, have distorted traditional forms of child work into exploitative practices (UNICEF, 2001). The devastating impact of the pandemic on the household forces parents and children to look for ways of surviving.  For children, many move to urban areas to work as domestic servants while others, due to low social economic sta