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    UNIT FOR CHILDREN'S RIGHTS 2009 REPORT

     10-11-09

    HUMAN TRAFFICKING INITIATIVE

    Human trafficking is of increasing international and national concern, since this phenomenon represents a sophisticated and aggressive form of modern-day slavery. Thousands of people, especially women and children, are annually recruited by means of force or deception and trafficked into forced labour, slavery, sexual and other exploitation. Individuals, as well as organised criminal groups, traffic and exploit vulnerable people for the perpetrator’s benefit. The Unit for Children’s Rights is involved in

    anti-trafficking initiatives, which include research, networking, training and awareness raising. Adv HB Kruger manages the Human Trafficking Initiative of the Unit and concluded the following activities:

HUMAN TRAFFICKING INITIATIVES

PAPERS DELIVERED AT NATIONAL AND INTERNATIONAL CONFERENCES/

    WORKSHOPS, etc.

    ; Delivered paper on invitation from the Namibian Ministry of Gender Equality and Child

     Welfare at Namibia National Consultative Workshop: Child Protection against Abuse and

     Human Trafficking, 8-12 June 2009, Windhoek:.

     “Child Trafficking: In Search of Effective Responses.”

    ; Delivered paper at SAU Youth Congress, 2-8-09, Bloemfontein:

     “Pursuing a dream, waking up in disaster the reality of human trafficking.”

    ; Delivered paper at Human Trafficking Indaba on 6-10-09, Bloemfontein:

     “Human Trafficking: the South African Legal Response

    ; Presentation at Koffiekan at Faculty of Law, UFS on 23-10-09

     “Human Trafficking: a reality in Bloemfontein?”

PANEL MEMBER FOR LEGAL CAREER at SAPSAC international conference

    ; Invited to participate as panel member for legal career at annual international SAPSAC

     conference on Human Trafficking: 4-6 May 2009, Pretoria

ATTEND OTHER NATIONAL AND INTERNATIONAL CONFERENCES /

    WORKSHOPS

    ; On invitation from National Prosecuting Authority participated in Methodology Workshop

     on Human Trafficking: Knowledge and Understanding hosted by the Human

     Sciences Research Council, 14 April 2009, Pretoria.

    ; On invitation from National Prosecuting Authority, attended Tsireledzani: Towards an

     Intergrated Human Trafficking National Action Plan Conference Hosted by NPA, SA &

     European Union 25-27 March 2009, Durban

    ; Attended International Conference hosted by NPA: The implications of implementing

     laws and strategies to combat Human Trafficking through optimising regional and

     international relationships, hosted by NPA, 13-15 July 2009, Johannesburg.

SUBMISSIONS PRESENTED TO PARLIAMENT ON PROPOSED BILL

     Member of multi-disciplinary group (JusticeACTS) drafting submissions to Parliament on

     SA Prevention and Combating of Trafficking in Persons Bill, 2009 11-14 June 2009, Cape

     Town

ASSISTANCE TO NAMIBIAN GOVERNMENT

    ; On request from Ministry of Gender Equality and Child Welfare, Namibia reviewed

     Namibian Child Protection Bill (Child Trafficking stipulations), September 2009.

     INDABA ARRANGED

    Member of steering committee arranging the Indaba on Human Trafficking from 5-7 October 09 in Bloemfontein. The Indaba was attended by 120 delegates from all over the Free State and Lesotho, including representatives from the judiciary, prosecution, police services and several governmental departments, non-governmental institutions, churches, private business enterprises and the United Nations Office for Drugs and Crime.

TRAINING AND AWARENESS RAISING

    ~Three presentations on human trafficking delivered at churches and Childline/Child Welfare ~Two interviews broadcasted on OFM radio June 2009. (Interviewer: Diemiso Leburu) ~Interview with Carte Blanche on human trafficking broadcasted on 1-11-09.

    ~Member of committee to address rape problems on campus and draft policy

REVIEW NATIONAL TRAINING MODULES ON HUMAN TRAFFICKING

    The National Prosecuting Authority, sponsored by the European Union, mandated the International Organisation for Migration to draft a national, accredited, generic training manual for 5 key state departments, as well as a national manual specifically focused on the South African Police Services. Both manuals were reviewed by Adv Kruger.

Networking

    As is evident from this report, the Unit not only strengthened existing cooperation, but also established new networks with key national role players as well as with some international role players. We are grateful to report that the human trafficking initiative within the Unit for Children’s Rights are now well established and is recognised on a national level. The Unit is committed to continue its counter-trafficking initiatives in 2010.

    .

    COMMUNITY SERVICE

NATIONAL WORKSHOP ARRANGED

    A Workshop on Intercountry Adoptions was arranged by adv Kruger and adv Reyneke with Judge

    v Heerden of Supreme Court of Appeal, Prof S Buske (USA) and other experts as guest speakers. Attendance by delegates from all over the country and Lesotho representing more than 10 governmental and non-governmental institutions.

    Third year law students were invited to this workshop for enrichment and to consider it as a possible topic for LLB scripts. As a result of attending the Workshop on Inter-country Adoptions,

4 students registered LLB scripts on this topic.

TRAINING OF SOCIAL WORKERS

    Social work staff from KMD’s “Child focus group” of the Goldfields will be trained by dr RP Reyneke and adv Reyneke on the legal requirements pertaining to the role of the social worker in divorce matters in terms of the new Children’s Act 35 of 2008 on DV 11 November in Welkom.

    RESEARCH PUBLICATIONS

RESEARCH ACKNOWLEDGED IN CONSTITUTIONAL COURT AND BOOK

    PUBLICATION

    ~Constitutional Court in The Director of Public Prosecutions v Minister Justice and

     Constitutional Development, Phaswane & others (case CCT 36/08 [2009] ZACC8)

     decided on 1-4-09 refer in par 194 to the research of Reyneke & Kruger, published in

     Journal for Juridical Science( 2006) 31(2):73-107.

~Research of Reyneke & Kruger, published in Journal for Juridical Science( 2006)

     31(2):73-107, quoted in publication of UP Centre for Human Rights : Justice for child

     victims and witnesses of crimes 2008. Pretoria:Pulp (UP Centre for Human Rights)

PUBLICATION IN NON-ACCREDITED JOURNAL

    Kruger HB & Reyneke JM

     2008/2009. Blueprint complaint sexual offences courts: advantages for the child victim”

     Sexual Offences Bulletin 8:83-88.

    INTERNATIONAL PAPERS DELIVERED

The following papers were delivered at international conferences:

    ; JM Reyneke & RP Reyneke, 2009. Best practices at the Mangaung One-Stop Child

    Justice Centre. 2nd International Conference on Restorative Practices, Vancouver 31 May

    -3 June.

    Although this paper was co-presented it is submitted that it should be regarded as a substantial output since the presentation was for an hour and not only the usual 20 minutes and 10 minutes for questions. This paper also had a multi disciplinary focus. I focused on the legal aspects and my co-presenter on the social work aspects. One should also keep in mind that if one deals with children with problems a multi-disciplinary approach is more likely to be successful and that collaborations with other professions are very important in this regard.

    ; JM Reyneke. 2009. South Africa’s approach to the best interests of the child in developing ththe rights of the child. 55 ELA conference, Louisville Kentuckey, 21-23 October.

The following guest lecture was presented:

    ; JM Reyneke. 2009. The development and application of “the best interests of the child”

    principle in a new constitutional dispensation. Artevelde Hogeschool, Belgium, 27 May.

    ATTENDANCE OF WORKSHOPS

Two post conference workshops were attended after the 2nd International Conference on

    Restorative Practices in Vancouver. The first workshop dealt with the affect theory and the other

    workshop was on peace making circles. Valuable techniques to deal with conflict were

    demonstrated and the theory explained. These techniques are used with success in various settings, including schools.

    NATIONAL AND INTERNATIONAL COLLABORATIONS

    Apart from the networks relating to human trafficking other networks were established and existing collaborations were strengthened with the following people and institutions.

    ; The Mangaung One-Stop Child justice centre evaluated the centre and will provide some

    training in the near future.

    ; The Children’s Centre at the Layola University, Chicargo

    ; KMD of the Free State training of social workers

    ; Prof Brenda, Morrison - Restorative Justice Centre Simon Fraser University, Canada

    ; Prof Sheryl Buske - Charlotte Law School- visited the faculty twice this year and presented

    at the inter country adoption workshop. She facilitated adv Reyneke and Me Van Niekerk’s

    visit to the USA and in particular to establish links with Layola University and De Paul

    University, Chicargo.

    ; Prof Jan de Groof and Prof Gracienne Lauwers University of Antwerp.

    ; Community Justice Initiative Vancouver, Canada

    ; Prof Ralph Mawdsley Cleveland State University. He assisted adv Reyneke in drafting an

    abstract for the ELA conference.

    ; Adv Reyneke also serves on the executive committee of the Inter-University Centre for

    Education Law and Policy.

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