SUBMISSION TO THE PARLIAMENTARY TASK GROUP ON THE SEXUAL ABUSE OF CHILDREN

1. INTRODUCTION

The tragic incidents of girl child baby rapes created shockwaves locally and internationally, forcing our country to call for drastic action. The already high incidence of child sexual abuse and the persistent violation of our children's right to protection and survival have become a burning emergency. It is hoped that this Task Group, in partnership with all concerned role-players and civil society, will fight and expose these horrific acts and embark on appropriate strategies to address this grave problem.

2. CHILD WELFARE STATISTICAL DATA ON CHILD SEXUAL ABUSE

Unfortunately there is no systematic collection of national figures on child sexual abuse as these are contained within each sector. Our Child Welfare Statistical Data has shown a dramatic increase in sexual crimes against children. It is estimated that in the period 1997 to 2001 the increase in this category alone is almost 20%. At present Child Welfare (166 child welfare societies spread across the country), is dealing with more than 5000 sexually abused children on an annual basis. These are only the reported cases and one shudders to think about those children who do not report and those living in areas where there are no resources. Real figures would undoubtedly be more alarming.

Every child that is the victim of sexual abuse needs long term and intensive services. The scars of sexual abuse are extremely difficult to heal. Not only are our children demanding accountability, but this once hidden phenomenon is now in public gaze with society demanding the same. We cannot allow our children to be powerless and voiceless, at the mercy of legislators and policy makers, we need to act on their behalf.

3. SOUTH AFRICA'S COMMITMENT TO CHILDREN

As a country we have illustrated our commitment to children by committing ourselves to

· The 1990 Summit for Children's Goals for survival, protection, development and participation
· The United Convention on the Rights of the Child
· The "First Call for Children"
· A National Plan of Action for Children
· The Bill of Rights in the Constitution
· The African Charter on the Rights and Welfare of the Child

The time has come to translate these good intentions into tenacious and forceful action by every sector involved in child protection.

4. BROAD CAUSATIVE FACTORS OF SEXUAL VIOLENCE AGAINST CHILDREN

The causative factors for this tragic violence against children are numerous. Amongst others, the following need to be highlighted:

· The myth that having sexual intercourse with a virgin will cure and prevent HIV infection and AIDS. This has transgressed into a great problem with overwhelming consequences.

· Women and children are still disempowered within the South African society. They still bear the major brunt of discrimination and violence. Efforts to remedy this have only been partly successful. Although the boy child is also at risk of sexual abuse, the girl child is more vulnerable. It is estimated that 500 000 female children between the ages of 2 and 13 are sexually victimised annually in South Africa (SANCCFW," Children and Poverty", 1998). The extreme rate of poverty leads to powerlessness and the negative effect of dependency on men. This is illustrated by research that indicates that in 60% of cases the perpetrators were fathers, stepfathers and other male family members such as uncles, grandfathers and brothers.

· Men are also victims of poverty. The high rate of unemployment, coupled with feelings of hopelessness, depression, alcohol and drug abuse are possible contributory factors to the sexual exploitation of children.

· The strong correlation between poverty and the commercial sexual exploitation and trafficking of children cannot be overlooked. Child prostitution, the "silent" crime against children is increasing. Survival child prostitution has emerged as a definite causative factor - caregivers use children as a mode of survival children are sold into the sex trade or forced to engage in prostitution for financial compensation to the family.

· There seems to be a decline in the moral fibre of South Africa that has contributed to children being perceived as mere commodities. Their inherent worth and dignity are not respected. The negative norms and values of society place children in vulnerable positions, whereby their right to protection is not recognised or acknowledged.

5. FACTORS THAT PREVENT EFFECTIVE SERVICE DELIVERY TO SEXUALLY ABUSED CHILDREN

It cannot be stressed enough that child protection should and must be an intersectoral responsibility. We believe that it is every Government Department's responsibility and duty to prioritise children within their respective policies budgets and services.

Notwithstanding commendable Government law reform, strategies, programmes and initiatives, the abuse as well as secondary abuse of children within all sectors persists and continues. The major contributory factors for our country's failed child protection system are identified as:

5.1 INADEQUATE BUDGETS AND FUNDING OF CHILD PROTECTION SERVICES

As the work of Child Welfare falls into the sphere of the Department of Social Development, we accentuate the budget and funding principles of this specific department.

Welfare is the fourth largest spending component after debt repayment, education and health. In the 2000/2001 budget, R20.9 billion was allocated to welfare expenditure. Of this total welfare budget, 1.6% was allocated to the National Department of Social Development. Provincial Governments received 98.4% of the total revenue for welfare spending (Idasa).

The Social Development budget does not adequately reflect commitment to children as 90% of the budget is utilised for social security benefits. Though we recognise that social security is perceived as one of the most effective tools to address poverty, other necessary and essential services are not equitably funded. Even with Government's intention to target an 80:20 split in expenditure between social security and services, we believe this will not provide sufficiently for the effective protection of children.

As a leading NGO in the achievement of a safe and caring environment for children, our efforts are seriously hampered by a lack of adequate funding. Great demands are made on Child Welfare to deal with child abuse on the levels of prevention, intervention and treatment ill the aftermath of abuse.

Figures quoted earlier confirm our exhaustive and vigorous involvement with children as victims of sexual abuse. Statutory services still primarily consume Child Welfare's energy and human and financial resources. This involves investigations, followed by intensive counselling and treatment to these children, not to mention lengthy court procedures and planning and decision making to address the needs of this vulnerable group of children. This is a statutory role, therefore a State responsibility, carried by Child Welfare and for which child welfare receives only meagre financial compensation. We have to respond to these children's needs as well as offer services to families and communities in an extremely disempowering environment, depicted by:

· The lack of the Department of Social Development in timeously and uniformly implementing at national and provincial levels the Financing Policy for the funding of NGOs. This had a critical impact on Child Welfare child protection services. On average, only 48% of Child Welfare services are funded by Government, whilst the ideal should be at least 75%. Additional funds needed for services must be raised within a very difficult fund-raising environment. Many child welfare societies are threatened by closure and the curtailment of posts and services is wide spread while there is an increasing demand for the expansion of services. This has direct bearing on children who as a consequence are not receiving essential services.

· The fact that the Financing Policy dictates developmental social services. Although we support and promote this approach it must be kept in mind that children who are victims of sexual abuse need intensive individualised programmes. Government also correctly requires that priority is given to prevention, but there is insufficient acknowledgement for the tremendous resources required to intervene effectively on a treatment level where child abuse has taken place.

· The emphasis placed on the special allocations within the Social Development budget on HIV/AIDS prevention and care of children, the Child Support Grant and the allocations to the Poverty Alleviation Fund. Although these are much needed child orientated policies, it is difficult to determine if child protection and more specifically child sexual abuse programmes are funded within these policies. Child Welfare's National Child Protection programme which has as aim the transformation of services from a curative to a developmental approach, the prevention of child abuse, public education and awareness and community mobilisation, could not be successfully realised due to a lack of government funding. This, notwithstanding the national Department of Social Development's underspending on its 2000/2001 Poverty Alleviation allocation, resulting in a rollover of funds for the next budget year.

· A lack of a formal partnership between Government and Child Welfare. Although this partnership is often referred to, it is not a reciprocal relationship. We render the necessary child protection services, without adequate funding or resources.

· The long delay in the development and implementation of an intersectoral child protection strategy. If this strategy was in place, sectoral policies and budgets could have obviated the present crisis in child protection services. The National Committee on Child Abuse and Neglect, driven by the national Department of Social Development, has to urgently address this issue within its present structure. The Child Abuse Protocols, although successful in some provinces, need to be revisited. The NGO sector has played a major role in the development and implementation of the Protocols, again without the necessary funding The same applies to the "Victim Empowerment Programme", that deals with abuse victims; although a positive initiative, limited information on this programme is channelled to the NGO sector. We can play a primary role in this initiative.

· The disparity between Government salaries and NGO salaries has resulted in an alarming high turnover of staff leaving the NGO sector to join Government or international organisations. The lack of trained human resources adds to the state of emergency of our children. Coupled to the lack of human resources, is also the lack of staff development and training for child sexual abuse practitioners. Again, not happening, because of a lack of funds. The unmanageable workloads, results in burnout, demoralisation and demotivation. The ideal should be that debriefing programmes are put in place to assist practitioners in dealing with the everyday horror of child abuse. Neither Government nor investors are prepared to fund the vital services of professionals, training of these professionals or infrastructure.

5.2 LEGISLATION AND POLICY

Although a strong Government commitment to children is reflected in new legislation and policies such as envisaged in the new Child Care Act, the new Sexual Offences Act and the establishment of the Sexual Offences Courts, our concern remains with implementation of these laws and policies. Essential human and financial resources will have to be put in place for achieving the goals of new initiatives.

5.3 INTERSECTORAL GAPS

Child Welfare practitioners identified some of the existing problems within related sectors. Only some problems are highlighted and some common trends identified.

5.3.1 HEALTH SECTOR

· The lack of specific training in child sexual abuse treatment, despite being bound by the Child Abuse Protocols
· Uncooperative and inaccessible district surgeons in some areas
· Different protocols in different hospitals
· Children not receiving medical assistance
· No facilities for medical examinations
· Inadequate facilities at State hospitals
· Lack of resources for psychiatric and/or psychological assessment
· Lack of crisis and/or trauma centres in most rural areas

5.3.2 SAPS/CPU

· The lack of specific training to work with sexual abuse victims
· The lack of CPUs, especially in rural areas
· Even if CPUs exist in some areas, they lack the necessary resources
· Non-observance of the provincial Child Abuse Protocols
· Non-uniform policies and procedures
· Non arrest of perpetrators, resulting in children forced to remain with perpetrators
· Lack of sufficient collection of evidence, resulting in unsuccessful prosecutions

5.3.3 JUSTICE

· Long delays in court procedures, resulting in cases being postponed at times for a period of 2 to 3 years before a child testifies
· Most Courts not "child friendly"
· Secondary abuse of children, depicted by ongoing harassment of children by the perpetrators cross-questioning by defence attorneys, having to report on their statements and medical examinations
· Children inhibited due to some magistrates and some prosecutors not being sensitive
· Evidence deemed "unbelievable" or children being described as incompetent witnesses", resulting in unsuccessful prosecutions
· Inconsistencies in and inappropriate sentencing
· No legal representation for children

5.3.4 EDUCATION

· Limited, if any life skills training within the majority of schools - NGOs like Child Welfare often render this service without any partnership agreement of financial compensation from this department.

5.3.5 NATIONAL PLAN OF ACTION FOR CHILDREN

· As the primary body, overseeing our country's implementation of the Convention on the Rights of the Child, it has the responsibility to ensure the "mainstreaming" of children's interests in national and provincial budgets and policies. The NGO sector has no formal representation on the NPA structures and the perception exists that there is no partnership between the NPA and the NQO sector. There is little evidence of this body's achievements in creating a better dispensation for children or achieving a more effective child protection system.

6. RECOMMENDATIONS

6.1 INTERSECTORAL RESPONSIBILITIES

· The immediate development and implementation of a National Intersectoral Child Protection Strategy, including strategies to fight and eliminate child sexual abuse. This strategy could be based on the same principles as the National HIV/AIDS Integrated Plan, developed in conjunction with all Government Departments, relevant NGOs and other stakeholders.

Such a strategy will promote intersectoral partnership, collaboration and coordination with clear demarcated roles and responsibilities - elements that are not evident in South Africa's child protection efforts. It will also contribute to sectoral budgets that reflect commitment to child protection.

Preventive Programmes, within such a National Strategy should receive attention and be intensified. The proposed Strategy would prevent fragmentation and duplication of such efforts. These Programmes should focus on community awareness and education with a view to establish a children's rights culture, early intervention through community mobilisation and community based projects arid should be directed to the strengthening and preservation of families.

· Commendable new child friendly laws and policies are doomed to fail if the necessary trained human resources and financial resources are not put in place to ensure successful implementation and delivery

· Special provision should be made for the establishment of intersectoral infrastructure in unresourced and unserviced areas

· Government Departments take note of problems experienced by NGOs and service delivery - organisations these problems hamper effective service delivery and contribute to the secondary abuse of children

· Government initiatives such as the Sexual Offences Courts, Family Courts, the Child Abuse Protocols and the Victim Empowerment Programme must be tracked, evaluated and monitored to ensure effective implementation

· Appropriate diversion and treatment programmes for perpetrators must be developed

· The proposed national register of persons found to be unsuitable to work with children, as recommended in the review of the Child Care Act, be considered. This would prevent the abuse of children within schools and child and youth care facilities.

· The present programmes and structures of the NPA be reviewed to include NGO representation for the effective coordination and planning of child protection strategies.

6.2 DEPARTMENT OF SOCIAL DEVELOPMENT

The adoption of the 80:20 principle of the split between social security and social services should be reviewed. Research has indicated that provincial welfare departments spend an average of 89% of their welfare budget on social security, leaving very little revenue to be used for social services (Idasa). The remaining 11% for social services, which also funds the Departments' own services and from which NGO services is subsidised is grossly inadequate.

Underspending and rollovers within the National Poverty Alleviation Strategy and other programmes are unacceptable. Essential child protection programmes can he funded from this source; not doing so results in child victims of sexual abuse being deprived of necessary services.

The immediate improvement, finalisation and consistent implementation, on both national and provincial levels, of the Financing Policy.

Simultaneously the gross disparity in salaries between social workers with the NGO sector and other social service professionals employed by Government should receive urgent attention. The salary scales of Government should be used as a norm for programme funding. This would enable effective NGO services to victims of sexual abuse as well as training and development of human resources.

Treatment programmes, although multi-disciplinary, are within social service organisations. Social service professionals already burdened by tremendous caseloads and the demands of developmental social services are tasked with this specialised function. These programmes are usually only available in urban, resourced areas. Children in rural, unresourced areas are at risk, as they often do not receive the necessary counselling and treatment. This has to receive urgent attention in terms of human and financial resources.

The existing National Committee on Child Abuse and Neglect, should as matter of urgency, develop and implement its terms of reference and mandate the present structures to coordinate the fragmented child protection system at both Government and NGO levels.

7. CONCLUSION

Concerted and drastic action on sexual violence against children must now receive precedence over research and debating the issue. The time has come to act. Alarming numbers of children have no future in our country; if we do not as a collective of Government and NGOs, in formal partnership, put in place the mechanisms to protect their healthy development and survival. Investment in children has high returns in terms of nation building. Child Welfare calls on this Task Group to act now, swiftly and with concerted effort to abolish sexual violence against children. Zero tolerance should be our policy when fighting this intolerable abuse of children.

S.A. NATIONAL COUNCIL FOR CHILD AND FAMILY WELFARE
MARCH 2002