Date: 02/06/2005
Source: Department Of Home Affairs
Title: Mapisa-Nqakula: National Conference Against Child Pornography
Speech address by Hon. NN Mapisa-Nqakula, Minister of Home Affairs, on the occasion of the opening of the National Conference Against Child Pornography, Port Elizabeth
Chairperson, Deputy Minister Gigaba
Chairperson and Members of the Home Affairs
Portfolio Committee of Parliament
CEO of the Film and Publication Board, Ms Reshoketswe Bopape-Dlomo
Representatives of Organisations Constituting the Conference
Guests
Friends
For some time now there has been great anticipation for this conference. Many previews and comments have been made, including in the media over the past few days about the possibilities and potential for solutions emanating out of here in our efforts to protect children. For this reason, it is important that from the onset we are very clear as to why we are here. Why are we here today?, Why do we bother to call a high level conference on the issue of protecting children against child pornography?
Yesterday, 1 June 2005, the world celebrated the International Day of the Child, officially marking the beginning of Child Protection Week. We do this against a reality that violence and abuse against children is still on the rise, including horrific reports of certain incidents that are happening during the same week as we mark the international day of the child.
As we meet here today, at the opening of this important conference, the world is not becoming any safer for our children. In the main, Chairperson, this is the reason why we are here. We are here because we acknowledge that we can never fully resolved the South African problem, until we have addressed the plight of our children, here at home and elsewhere in world.
In his emphasis of this point, our President Thabo Mbeki reminded us during the Commonwealth Conference on Children that:
"...if we want to say life is changing for the better, that there is improvement, that we are better off today than we were yesterday - I think that must show in the children".
We are here, Chairperson, because we fully agree with the president, and that our own country should join efforts to cure the world of the sickness amongst certain individual who derive pleasure and amusement from watching the exploitation of children.
Allow me, Chairperson, even though it is with great discomfort on my part, to share this with the conference:
A few days ago, my office received a letter from a family that is still struggling to come to terms with their child being a victim of this vile crime, where images of their child were displayed in an indecent manner. Without giving much detail about the case, I can say that this is a case that first came to our attention in 2003 and we had immediately took a serious interest in it ensuring that proper investigations are done and that the perpetrators are brought to book. The case was brought to the courts and there was a conviction. Despite this, the scars, the pain, the humiliation and a sense of being deprived will remain with this family.
When we first learned about this case, it shook us from our seats, because prior to that, there was a view that most of the children that are depicted in these images, their identities were not known and that in fact most of them were not even South African. It was even suggested that the abuse of children through images online was a "victimless" crime, because the victims are not known. For the first time with this case, we had a victim that we could meet and talk to, and this was a South African child. To those who were investigating these cases, it reminded them of the truth, that the cases they were dealing with involved real victims and real people, they are not merely images in someone's possession. What has been our response to the problem of child pornography?
I must say Chairperson that this is one of the areas where we still need to do much more. I must, however add that in the past few years since the ushering of democracy in the country, the state has taken a keen interest in the fight against the exploitation of children through pornography.
We have intensified our efforts to protect children from harmful images within the media, including films, exhibitions, games, television, the internet and other publications.
After we have realised that a trend exists where children who are not registered at birth and are without documents, normally tend to be victims of abuse such as smuggling and trafficking as well as child pornography, we then called on all parents to register their children, not only so that they can receive government services, but also to protect them from such abuse.
On the occasion of the International Human Rights day last year, we launched a Child Pornography Hotline Number, to enable South Africans to report cases or incidents of child pornography and the sexual exploitation of children. This Hotline will also serve as a community watchdog in terms of soliciting information and reporting cases of child pornography to the police. In the event that you stumble across child pornography images or know of a site that contains or advertises child pornography images, call the Hotline with that information. The Hotline number is 0800 148 148.
I must say Chairperson that our initiatives to fight child pornography are premised on our constitutionally enshrined obligation to protect and advance the interests of children.
Consistent with this constitutional necessity, we are proud to announce that in addition to various child protection initiatives, the Films and Publication Amendment Act has been amended to make the investigation and prosecution of Child Pornography offenders more effective. The Act has taken radical steps to provide a broad definition of child pornography and to impose harsher sentences on the culprits.
According to the Act, it is also an offence to possess, create, produce, distribute, import, access, advertise or promote child pornography images. Each of these acts carries a maximum penalty of 10 years imprisonment. Failure to report knowledge of child pornography images to the police is also an offence. It is also an offence to expose children to pornography. Even if one commits any of these acts outside South Africa, you may be prosecuted when you return to South Africa.
In this regard, we should take this opportunity to congratulate our judiciary for the prompt manner in which they are dealing with the cases involving child pornography. In particular I think we should applaud the High Court in Durban for convicting the Russian couple charged with crime to a combined sentence of twelve years for being in possession of child pornographic images. We are encouraged by the sensitive and prompt manner in which they paid attention to the case.
Every child deserves childhood that includes a period of innocence. We are not protecting our children when we, by our silence and inaction, allow them to be used for the sexual gratification of adults. If you know of someone involved with child pornography images or have reason to suspect someone of such a crime, report it to the police immediately. We are therefore calling upon all organs of civil society to Unite Against Child Pornography!
We have a collective obligation to protect our children from harmful materials by monitoring our children's use of the Internet. Critically, we also have a non-negotiable responsibility as responsible parents and as organs of civil society, to educate ourselves about the main risks facing our children.
Chairperson, it is also important that we understand the fight against child pornography, not as an isolated fight, but one which is integrally linked to the general programme for the protection of children.
It is therefore fitting that on the occasion of the Child Protection Week launched by the Minister of Social Development on Monday (30 May 2005), all of us, in our different disciplines and platforms intensify the struggle against all forms of child neglect, and usher in a freedom from poverty, underdevelopment, hunger, ignorance and want.
The fundamental objective for which we have organised ourselves during this Youth Month, is, as well, the heightening of public consciousness and education by among others providing the enabling documentation and registering all eligible children under 14 years for the Child Support Grant. It is incumbent upon us to spare neither energy nor effort in ensuring that orphans and other vulnerable children are given the necessary care and support. This is important.
The Preamble of our Constitution reminds us that South Africa belongs to all who live in it, united in our diversity. Undoubtedly, this country belongs to our children too. The Bill of Rights recognises the rights of children as human rights too, including, amongst others their rights:
A. to a name and nationality from birth
B. to be protected from maltreatment, neglect, abuse or degradation
C. not to be required or permitted to perform work or provide services that:
i. are inappropriate for a person of that child's age
ii. place at risk the child's well being, education, physical or mental heath or spiritual, moral for social development.
These guiding constitutional principles remain sacrosanct and underpin the nature and character of a society that we seek to build.
It is our hope that this conference should emerge with a sustainable programme of action against child pornography that seeks to educate, conscientise and inform the South African public about the effects of this phenomenon in the country. It is also our expectation that this conference will provide us with a possibility to forge a strategic partnership between government, the private sector and the civil society; and that levels of visibility and dexterity related to child pornography will be increased.
It is also our considered view that this Conference does not seek to reinvent the wheel. But that we should draw lessons from the existing body of knowledge, including a critical examination of how far we have gone since the National Consultative Conference Against Sexual Exploitation of Children held in Cape Town in March 1999.
This Conference resolved that care should be taken by the media to report in a manner that displays respect and sensitivity towards children's rights. In addition, other interventions proposed at that Conference was the need to strengthen parental and family participation, victim empowerment programmes, research capacity and advocacy, mass public education and consciousness and the need to set up an effective and efficient Help Lines.
Suffice to say that five years since that Conference, we have managed to tighten our legislation, including the Film and Publication Amendment Act. The Child Justice Bill has been redrafted and has been resubmitted to Parliament. As Reported by the Justice Crime Prevention and Security (JCPS) Cluster during the recent Monitoring and Evaluation Briefing, the Service Charter for Victims as well as the Service Charter for minimum standards was approved by Cabinet. A Steering Committee consisting of Departments in the JCPS Cluster has been formed to monitor the implementation of the Charter.
But more remains to be done. Child Pornography is by no means a new phenomenon. With the emergence of innovations in the field of Information and Communication Technology (ICT), this has led to an increase in paedophiles and for some, it has become a money making scheme.
Four years ago, the United States Department of Justice reported that the abuse of 1 million children has been recorded in some form of pornography. It is estimated that child pornography generates between US$2 and 3 billion per year, while Germany's annual sales of such publications reach beyond $250 million, with up to 40 000 consumers. In Asia, the child sex industry accounts for $2.4 million per year. These figures illustrate the extent of our challenge and the nature of the enemy we are engaging.
For us, it is important in the first place that we build a united force of "Friends of the Children' globally to join organisations such as United Nations Children’s Fund (UNICEF) and others in the course to protect children.
Let us all resolve not to enjoy sleep until we have tried, and worked hard and succeeded in making the life of a child more bearable. Because only then can we be distinguished as worthy inhabitants of this beautiful land we live in.
I wish you all the success.
Thank you.
Enquiries: Media enquiry can be directed to
Nkosana Sibuyi
Tel: (012) 810 8613
Cell: 082 886 6708
Issued by: Ministry Of Home Affairs
2 June 2005
Source: Department Of Home Affairs
Title: Mapisa-Nqakula: National Conference Against Child Pornography
Speech address by Hon. NN Mapisa-Nqakula, Minister of Home Affairs, on the occasion of the opening of the National Conference Against Child Pornography, Port Elizabeth
Chairperson, Deputy Minister Gigaba
Chairperson and Members of the Home Affairs
Portfolio Committee of Parliament
CEO of the Film and Publication Board, Ms Reshoketswe Bopape-Dlomo
Representatives of Organisations Constituting the Conference
Guests
Friends
For some time now there has been great anticipation for this conference. Many previews and comments have been made, including in the media over the past few days about the possibilities and potential for solutions emanating out of here in our efforts to protect children. For this reason, it is important that from the onset we are very clear as to why we are here. Why are we here today?, Why do we bother to call a high level conference on the issue of protecting children against child pornography?
Yesterday, 1 June 2005, the world celebrated the International Day of the Child, officially marking the beginning of Child Protection Week. We do this against a reality that violence and abuse against children is still on the rise, including horrific reports of certain incidents that are happening during the same week as we mark the international day of the child.
As we meet here today, at the opening of this important conference, the world is not becoming any safer for our children. In the main, Chairperson, this is the reason why we are here. We are here because we acknowledge that we can never fully resolved the South African problem, until we have addressed the plight of our children, here at home and elsewhere in world.
In his emphasis of this point, our President Thabo Mbeki reminded us during the Commonwealth Conference on Children that:
"...if we want to say life is changing for the better, that there is improvement, that we are better off today than we were yesterday - I think that must show in the children".
We are here, Chairperson, because we fully agree with the president, and that our own country should join efforts to cure the world of the sickness amongst certain individual who derive pleasure and amusement from watching the exploitation of children.
Allow me, Chairperson, even though it is with great discomfort on my part, to share this with the conference:
A few days ago, my office received a letter from a family that is still struggling to come to terms with their child being a victim of this vile crime, where images of their child were displayed in an indecent manner. Without giving much detail about the case, I can say that this is a case that first came to our attention in 2003 and we had immediately took a serious interest in it ensuring that proper investigations are done and that the perpetrators are brought to book. The case was brought to the courts and there was a conviction. Despite this, the scars, the pain, the humiliation and a sense of being deprived will remain with this family.
When we first learned about this case, it shook us from our seats, because prior to that, there was a view that most of the children that are depicted in these images, their identities were not known and that in fact most of them were not even South African. It was even suggested that the abuse of children through images online was a "victimless" crime, because the victims are not known. For the first time with this case, we had a victim that we could meet and talk to, and this was a South African child. To those who were investigating these cases, it reminded them of the truth, that the cases they were dealing with involved real victims and real people, they are not merely images in someone's possession. What has been our response to the problem of child pornography?
I must say Chairperson that this is one of the areas where we still need to do much more. I must, however add that in the past few years since the ushering of democracy in the country, the state has taken a keen interest in the fight against the exploitation of children through pornography.
We have intensified our efforts to protect children from harmful images within the media, including films, exhibitions, games, television, the internet and other publications.
After we have realised that a trend exists where children who are not registered at birth and are without documents, normally tend to be victims of abuse such as smuggling and trafficking as well as child pornography, we then called on all parents to register their children, not only so that they can receive government services, but also to protect them from such abuse.
On the occasion of the International Human Rights day last year, we launched a Child Pornography Hotline Number, to enable South Africans to report cases or incidents of child pornography and the sexual exploitation of children. This Hotline will also serve as a community watchdog in terms of soliciting information and reporting cases of child pornography to the police. In the event that you stumble across child pornography images or know of a site that contains or advertises child pornography images, call the Hotline with that information. The Hotline number is 0800 148 148.
I must say Chairperson that our initiatives to fight child pornography are premised on our constitutionally enshrined obligation to protect and advance the interests of children.
Consistent with this constitutional necessity, we are proud to announce that in addition to various child protection initiatives, the Films and Publication Amendment Act has been amended to make the investigation and prosecution of Child Pornography offenders more effective. The Act has taken radical steps to provide a broad definition of child pornography and to impose harsher sentences on the culprits.
According to the Act, it is also an offence to possess, create, produce, distribute, import, access, advertise or promote child pornography images. Each of these acts carries a maximum penalty of 10 years imprisonment. Failure to report knowledge of child pornography images to the police is also an offence. It is also an offence to expose children to pornography. Even if one commits any of these acts outside South Africa, you may be prosecuted when you return to South Africa.
In this regard, we should take this opportunity to congratulate our judiciary for the prompt manner in which they are dealing with the cases involving child pornography. In particular I think we should applaud the High Court in Durban for convicting the Russian couple charged with crime to a combined sentence of twelve years for being in possession of child pornographic images. We are encouraged by the sensitive and prompt manner in which they paid attention to the case.
Every child deserves childhood that includes a period of innocence. We are not protecting our children when we, by our silence and inaction, allow them to be used for the sexual gratification of adults. If you know of someone involved with child pornography images or have reason to suspect someone of such a crime, report it to the police immediately. We are therefore calling upon all organs of civil society to Unite Against Child Pornography!
We have a collective obligation to protect our children from harmful materials by monitoring our children's use of the Internet. Critically, we also have a non-negotiable responsibility as responsible parents and as organs of civil society, to educate ourselves about the main risks facing our children.
Chairperson, it is also important that we understand the fight against child pornography, not as an isolated fight, but one which is integrally linked to the general programme for the protection of children.
It is therefore fitting that on the occasion of the Child Protection Week launched by the Minister of Social Development on Monday (30 May 2005), all of us, in our different disciplines and platforms intensify the struggle against all forms of child neglect, and usher in a freedom from poverty, underdevelopment, hunger, ignorance and want.
The fundamental objective for which we have organised ourselves during this Youth Month, is, as well, the heightening of public consciousness and education by among others providing the enabling documentation and registering all eligible children under 14 years for the Child Support Grant. It is incumbent upon us to spare neither energy nor effort in ensuring that orphans and other vulnerable children are given the necessary care and support. This is important.
The Preamble of our Constitution reminds us that South Africa belongs to all who live in it, united in our diversity. Undoubtedly, this country belongs to our children too. The Bill of Rights recognises the rights of children as human rights too, including, amongst others their rights:
A. to a name and nationality from birth
B. to be protected from maltreatment, neglect, abuse or degradation
C. not to be required or permitted to perform work or provide services that:
i. are inappropriate for a person of that child's age
ii. place at risk the child's well being, education, physical or mental heath or spiritual, moral for social development.
These guiding constitutional principles remain sacrosanct and underpin the nature and character of a society that we seek to build.
It is our hope that this conference should emerge with a sustainable programme of action against child pornography that seeks to educate, conscientise and inform the South African public about the effects of this phenomenon in the country. It is also our expectation that this conference will provide us with a possibility to forge a strategic partnership between government, the private sector and the civil society; and that levels of visibility and dexterity related to child pornography will be increased.
It is also our considered view that this Conference does not seek to reinvent the wheel. But that we should draw lessons from the existing body of knowledge, including a critical examination of how far we have gone since the National Consultative Conference Against Sexual Exploitation of Children held in Cape Town in March 1999.
This Conference resolved that care should be taken by the media to report in a manner that displays respect and sensitivity towards children's rights. In addition, other interventions proposed at that Conference was the need to strengthen parental and family participation, victim empowerment programmes, research capacity and advocacy, mass public education and consciousness and the need to set up an effective and efficient Help Lines.
Suffice to say that five years since that Conference, we have managed to tighten our legislation, including the Film and Publication Amendment Act. The Child Justice Bill has been redrafted and has been resubmitted to Parliament. As Reported by the Justice Crime Prevention and Security (JCPS) Cluster during the recent Monitoring and Evaluation Briefing, the Service Charter for Victims as well as the Service Charter for minimum standards was approved by Cabinet. A Steering Committee consisting of Departments in the JCPS Cluster has been formed to monitor the implementation of the Charter.
But more remains to be done. Child Pornography is by no means a new phenomenon. With the emergence of innovations in the field of Information and Communication Technology (ICT), this has led to an increase in paedophiles and for some, it has become a money making scheme.
Four years ago, the United States Department of Justice reported that the abuse of 1 million children has been recorded in some form of pornography. It is estimated that child pornography generates between US$2 and 3 billion per year, while Germany's annual sales of such publications reach beyond $250 million, with up to 40 000 consumers. In Asia, the child sex industry accounts for $2.4 million per year. These figures illustrate the extent of our challenge and the nature of the enemy we are engaging.
For us, it is important in the first place that we build a united force of "Friends of the Children' globally to join organisations such as United Nations Children’s Fund (UNICEF) and others in the course to protect children.
Let us all resolve not to enjoy sleep until we have tried, and worked hard and succeeded in making the life of a child more bearable. Because only then can we be distinguished as worthy inhabitants of this beautiful land we live in.
I wish you all the success.
Thank you.
Enquiries: Media enquiry can be directed to
Nkosana Sibuyi
Tel: (012) 810 8613
Cell: 082 886 6708
Issued by: Ministry Of Home Affairs
2 June 2005
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