E) Intensify awareness campaigns to educate the community on the effect
of harmful practices such as ukuthwala and virginity testing on the rights
of children.
37. The Committee also notes with concern that the practice of male initiation resulting
in botched circumcision which in some cases results in death of initiates child as
well as serious physical and psychological damage exists in South Africa. The
Committee has learnt that considerable number of children are dying because of
botched circumcision and compared to high number of deaths and injuries
sustained, rate of investigation and conviction of perpetrators is low. Noting with
appreciation measures taken by the State Party to eliminate this practice, the
Committee recommends to the Government of South Africa to take further
measures, inter alia:
A) Adopt legislation outlawing unofficial initiation schools and criminalising
the practice of male circumcision in unofficial initiation schools;
B) Intensify investigation and prosecution of cases of kidnapping and
taking boys to unofficial initiation schools as well as incidents of death
of children in such schools as incidences of boys kidnapped and
subjected to the practice of initiation without their consent as well as
children dying from botched circumcision currently outnumber the
cases investigated and prosecuted;
C) Organise awareness campaigns to educate the community on the
effect of botched circumcision on the rights and wellbeing of children.
IV.
Asylum seekers, Refugee, and Migrant Children
38. The Committee notes with concern the difficulties that asylum seeking and
refugee, children face when trying to access social services. The Committee
especially notes the difficulty they face in the application for documentation and
the added barriers which will come as a result of the Refugee Amendment Bill,
should it be passed. The Committee would recommend that the Government
create more refugee centres, in all nine provinces, remove all legal and non-legal
barriers which refugee children face in accessing social services, such as
education, and that processes of documenting refugee children are tailored to be
more efficient, expedient and child-friendly.
39. The Committee notes with great concern that there is no dedicated mechanism to
regularise the status of unaccompanied migrant children who are not refugees in
the State Party. Therefore, the Committee recommends to the Government of
South Africa to:
A) Identify unaccompanied migrant children as a category of persons
requiring special consideration in terms of section 31(2) (b) of the
Immigration Act in order to allow unaccompanied children who meet
the definition to apply for and be granted permanent residence in
South Africa;
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