Protection for Orphans and Vulnerable Children

Children on the move

There are also thousands of foreign children who arrive in big cities each year, unaccompanied by parents or caregivers.

The context

South Africa, the strongest economy on the continent, is a magnet for millions of foreign migrants from the continent. Most foreigners flock to the country’s urban hubs to escape poverty and destitution in their home countries. Often without legal documents to stay, migrants are highly vulnerable to exploitation and abuse.

The high unemployment rate in South Africa, combined with competition for jobs and a climate of mistrust, create social pressures, which erupted in widespread xenophobic attacks in 2008. Women and children bore the brunt of this violence; many were abused and raped.

There are also thousands of foreign children who arrive in big cities each year, unaccompanied by parents or caregivers. They travel to South Africa on their own and cross the border illegally, in search of food, shelter and education. Many are sent for by parents in South Africa and lose their chaperones when crossing the border. These unaccompanied and separated children are in extreme situations and at risk of:

Attack, robbery and physical assault while crossing the border, often by criminal gangs known as “gumaguma”. Rape of children is also commonly reported.
Sexual violence, robbery and harassment by the police when sleeping in dangerous places such as taxi ranks and the bushes.
Domestic exploitation, sexual abuse and commercial sexual exploitation, especially of girls. Girls are reportedly forced to have sex in exchange of refuge and are sometimes victims of organised trafficking.
Child labour and exploitation, including domestic work, piece work on farms, begging and odd jobs on the street.
Distress due to traumatic experiences, xenophobic attitudes in the community, substance abuse, and distance from loved ones.
Limited access to basic needs such as shelter, sanitation, hygienic facilities, education, food, clothing, and household goods.
Detention and deportation, which forces them to lead underground lives, due to a lack of documentation and poorly understood legal status in South Africa.

South African legislation clearly guarantees unaccompanied and separated migrant children access to national care and protection systems, regardless of their origin and legal status in the country. However, the Department of Social Development is poorly equipped to meet the specific needs of these children, whose numbers have reached emergency proportions. Furthermore, persistent discrimination impedes their access to services.

What UNICEF is doing

In response to the crisis in Zimbabwe in late 2008, UNICEF began providing emergency assistance to children on the move, both at the border region and in areas where they congregate in central Johannesburg. This expanded to a capacity-building programme with the Department of Social Development to improve systems of care and protection of migrant children.

Within this framework, standard operating procedures were developed and disseminated to social workers; information systems were established to identify, document, trace, and reunify unaccompanied children with their families; and hundreds of children were able to get an education and placement in appropriate alternative care. Special attention was paid to address risks of sexual exploitation and abuse of girls.

South African legislation clearly guarantees unaccompanied and separated migrant children access to national care and protection systems, regardless of their origin and legal status in the country.

What has been achieved

Lydia*, an HIV-positive 15-year-old Zimbabwean girl with an eight-month-old baby, was referred to a Department of Social Development social worker by a medical team carrying out a visit to one of the temporary women’s shelters in the border town of Musina. She came to South Africa to get away from a troubled past in Zimbabwe and was in search of antiretroviral treatment, which she could not get in her home town.

Lydia explained to the social worker that she previously lived with her aunt in Zimbabwe. The aunt used to exploit her, forcing her to exchange sexual favours with men for money. One man who slept with her made her pregnant. He was arrested together with the aunt for statutory rape and engaging in criminal activity. The aunt was released after two months but the perpetrator is still imprisoned.

Lydia decided to come to South Africa with her baby. She ended up in Musina and found a place of refuge in a women’s shelter. But she is still a child even if she has a baby. This prompted the social worker to identify a more child-friendly place of safety where she could be formally taken in.

The process for obtaining a court order to support her move is underway. Once she receives it and can move to the care facility, she will get the medical treatment she needs, and will be able to go to school and access other basic services. Most importantly she will be placed in an environment where she will receive the support she needs to care for her child without having the baby taken away from her

Going forward

Recognising that the numbers of children on the move within South Africa and from neighbouring countries are destined to increase, UNICEF and the Department of Social Development are committed to making sure these children have access to national care and protection systems, and are protected from abuse, exploitation and trafficking. In 2010–2011, the aim is to:

Improve the capacity of the Department of Social Development and its provincial substructures to implement basic procedures in dealing with unaccompanied and separated migrant children. This includes identification, documentation, assessment, court orders, placement, tracing and reunification.
Establish a regional Child Protection Network. This will include setting up inter-country protocols for children on the move; compatible databases to strengthen documentation, tracing and reunification; and a common communications strategy to raise awareness of the risks faced by child migrants.
Provide children on the move in areas of high concentration with emergency assistance and appropriate care such as shelter, food, hygiene supplies, clothing and access to education and life skills training.
Provide services for vulnerable migrant women and children to prevent and respond to gender-based violence. Standard operating procedures to respond to sexual violence will be updated, and role players will be trained. Men and women in migrant communities will be mobilised to prevent sexual violence and promote access to services. UNICEF will also strengthen a monitoring mechanism on sexual violence and trafficking.
Support the establishment of a supervised independent living programme for older children without parental care. This will be done in line with the provisions of recent childcare legislation.

Gift’s Wish: Children dream of a nice meal, a safe home and a family in Musina

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