CALL ON GOVERNMENT TO ACCEPT AND ACT ON ITS RECOMMENDATIONS AND MEDIA ACCURACY IN REPORTING

On 8 Feb 2010, Dr Ann Skelton, the curatrix appointed for unaccompanied children at the Central Methodist Church (CMC) by the Gauteng South High Court, filed her report and recommendations.

The report is available at: http://server.alp.org.za/Report%20Skelton%20CMC%20children.pdf and the press release by Dr Skelton containing a summary of the recommendations and findings is available at:
http://server.alp.org.za/Media%20Release%20Ann%20Skelton%20CMC%20children.doc

Dr Skelton's report is comprehensive and was completed in a short space of time. It involved consultations with a number of state and other role players. Whilst the AIDS Law Project (ALP) and Legal Resources Centre (LRC) believe there are certain shortcomings in the report, we support many of its findings and welcome most of its recommendations. Rev Paul Verryn has also indicated his support for the recommendations. The ALP will provide an affidavit responding to the report to the High Court within the next two weeks.

We believe the report is valuable because it:
• Recognizes that a combination of political violence and poverty in Zimbabwe has created a situation in which minors are forced to flee homes and families to what are perceived to be the greener and safer pastures of South Africa. It also recognizes that these children are exposed to danger and sexual violence at almost every point of their travel;
• Recognizes that this problem has existed at least since 2005 and that for several years it was overlooked by the government;
• Notes that although South Africa has a good legal and policy framework to protect children, there are major gaps with the implementation of this framework, leading to children being essentially unprotected by the state; and
• Makes important recommendations on the steps that need to be taken to implement the legal and policy framework and protect the rights of children.

The report recognizes the role that has been played by Bishop Verryn over a number of years in trying to support both child and adult refugees at the CMC, as well as the efforts of other organisations to try to better the lives of affected children.

However, importantly, it does not confine itself to the needs of the 56 children for whom Dr Skelton acts as a curatrix. It also makes findings on underlying issues affecting unaccompanied minors coming to South Africa which also needed to be planned and budgeted for by our government. It notes for example that

"the issue of unaccompanied foreign children is a national issue - and the Provincial budgets of Limpopo and Gauteng should not be unduly burdened by these costs."

The recommendations identify the various state and private role players, provide them with an analysis of the relevant issues, and requires measures to address the plight of the children as effectively as possible. The report provides a guided step-by-step plan to urgently and progressively address the situation with the children. It provides a list of tasks under each recommendation made and a suggested time frame. We call on all stakeholders to accept and implement these recommendations and for them to be made an order of court.

Finally, we note that the report makes the responsible recommendation that the sexual abuse allegations must be fully investigated by the relevant authorities within the police and prosecutorial services. In this context we restate our appeal for media accuracy in reporting on this issue. The report illustrates the complexity of the challenges facing the children at the CMC. Sensationalized and exaggerated reporting does little to assist a sustainable resolution of these challenges.

For further background and statements by the LRC and ALP on this issue:

• See our 5 January 2010 press release: www.alp.org.za/index.php?option=com_content&task=view&id=105&Itemid=1
• And our 26 January 2010 press release: http://www.alp.org.za/index.php?option=com_content&task=view&id=108

For further information, please contact:
Mark Heywood
083 634 8806 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it