POLICY ON THE PROTECTION OF CHILDREN AND THE IMPLICATIONS ON CHILD

PROSTITUTION IN KISUMU CENTRAL CONSTITUENCY.

ANGELLAH .A .OMEGA

MA/DS/00065/2015

A PROPOSAL

SUBMITTED TO

MASENO UNIVERSITY

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS

FOR THE DEGREE OF

MASTERS IN RESEARCH AND PUBLIC POLICY

2015
DECLARATION AND CERTIFICATION

This Proposal/ thesis is my original work prepared with no other than the indicated sources and
support and has not been presented elsewhere for a degree or any other award.

Signature........................................... Date....................................................
Angellah. A. Omega
MA/DS/00065/2015
 CERTIFICATION BY THE SUPERVISORS
The undersigned certify that they have read and hereby recommend for acceptance of Maseno
University, a Proposal / a thesis entitled: Policy on the protection of children and the implications
on child prostitution in kisumu central constituency.

Signed …………………………………… .Date……………………………

Supervisor

Signed…………………………………….. Date…………………………….
Supervisor
 COPYRIGHT

This thesis is my original work and has not been presented for a degree in any other university or

any other award. This thesis is copyright material protected under the Berne Convention, the

copyright Act 1999, and other International and National enactments in that behalf, on

intellectual property. It may not be reproduced by any means in full or in part except for short

extracts in fair dealing so for research or private study, scholarly review or discourse with

acknowledgement, written permission of the Dean School of Graduate Studies on behalf of both

the author and Maseno University.

 DEDICATION

I dedicate this work to my late mother, for the love she demonstrated towards children and the

desire she carried for a safe society for a child’s holistic development.
 ACKNOWLEDGEMENT

I am indebted to Maseno University for giving me a chance to carry out this study.

I would also like to render my heartfelt appreciation to my supervisor, Dr. Wamangati. His
constant and expert supervision, his words of advice, patience and direction throughout the study
were immeasurable.

My sincere gratitude also goes to my colleagues for the moral support and the conducive
environment they created to enable the success of this study.

It is also noteworthy to appreciate the stakeholders who despite their busy schedule availed
themselves to provide the invaluable information herein.

Finally my appreciation goes to my Husband Nashon, my daughter Kimberly and my family at

large for all their love, patience, and support.
 ABSTRACT

Child prostitution as a global phenomenal started to gain attention as a major public concern in
1960s, around the same time as child abuse became a topical social problem (Weisberg, 1985).It
is against this backdrop that a mutual recognition of the need to protect children world over was
reached globally and children’s act developed to be adopted by countries. Kenya signed, on 8th
September 2000, the Optional Protocol to the CRC on the sale of children, child prostitution and
child pornography but has yet ratified it. Article 34 of the convention on the rights of children
provides protection from all forms of sexual exploitation and sexual violence and from
abduction, sale and trafficking in children. Section 15 of the children’s Act provides children
with protection “from sexual exploitation and use in prostitution, inducement or coercion to
engage in any sexual activity and exposure to obscene materials. Different public structures
have been established by the Children Act and they aim at promoting the welfare of the child and
protecting her/ his rights. According to the children Act, the National council for Children’s
Services (NCCS), inaugurated in September 2002, has the mandate to “supervise and control
over planning, financing and co-ordination of child rights and welfare activities and advice the
government on all aspects thereof”. Under children act, local authorities are mandated to ensure
the enjoyment of children’s rights at the local level and are supervised by the NCCS. They have
the duty to “promote the good upbringing of children by their families, through the establishment
of suitable family oriented programs and through the creation of a department to deal with the
rights and welfare of children, public awareness and the co-ordination of relevant program
support initiatives from different social sub sectors” (section 40 of the children Act).This study is
therefore an attempt to investigate the prevalence of child prostitution in Kisumu Central and the
redress mechanisms available. Precisely the study attempts to determine the prevalence of child
prostitution in Kisumu Central Sub County, asses the available redress mechanisms and to
explore the need for review of the available redress mechanisms. The study will be guided by the
functionalist theory (Robert. K. Merton, 1968), which assumes that society is a complex system
whose parts work together to promote the stability and survival of society. The parts, or the
structures, of society, such as the education system, criminal justice system, and economical
system, all have a function, or a job, to perform. When all parts are performing their functions
correctly, society as a whole runs smoothly. A survey design with a mixed method approach will
be used in the study. A total of 288 respondents will be drawn from the target population which
includes stakeholders from rehabilitation centers, teacher counsellor, mature commercial sex
workers, child school drop outs and employees in government departments. Questionnaires, life
stories, in-depth interviews and testimonials will be used to gather data. Data will be analyzed
using SPSS program. Quantitative data will be analyzed using descriptive statistic such as mean
frequencies and percentages. The data will be presented in form of tables, charts and graphs.

Proposed by: Sign……………………………….

Date……………………….
Angela. A. Omega
Reg no; MA/DS/00065/2015
Supervisors:
Dr. Wamangati Murumba sign…………………………….
Date……………………….
TABLE OF CONTENTS
PLATES
 LIST OF ABBREVIATIONS

AIDs Acquired Immune Deficiency Syndrome

CATW Coalition against Trafficking of Women Confident Children out of Conflict

CDEF Collective for the rights of the child and family

CEDAW Committee on the elimination of Discrimination Against Women.

COVAW Coalition on violence against women.

CSEC Commercial Sex Exploitation of Children

CSWs Commercial sex workers

ECPAT End Child Prostitution, Child pornography and trafficking of children for sexual
purposes.

ECPC Essex Child Protection Committee.

FBI Federal Bureau of investigations

HIV Human Immune Deficiency Virus

ILO International Labour Organization

IPEC International Program for elimination of Child Labour

NGOs Non-Governmental Organizations.

UNCRC United Nations Convention on the rights of the Child.

UNDP United Nations Development Program

UNICEF United Nations Children’s Fund

LIST OF TABLES
LIST OF MAPS
 OPERATIONALIZATION OF CONCEPTS

Child: the term child in this study will refer to individual below the age of eighteen, as it is
defined in the widely ratified United Nations declaration in the convention on the rights of the
child 1989 (General Assembly United Nations) and also by Kenya.

Prostitution: prostitution here is defined in its broadest sense as a business transaction where
certain powers of command over the prostitute are transferred to the buyer in exchange for
material goods. Either these powers of command are traded for a specific service or for a specific
amount of time. Prostitutes can be seen, depending on their circumstances, either as slaves or self
-employed entrepreneurs. That is individuals coming from a part of the society with low social-
economic status who voluntarily, although she or he may be under economic threat, engages in
prostitution, accepting risks for the sake of profits. It is a dependent form entrepreneurship as the
relation between buyer and seller is unequal.

Child prostitution: the use of a child in sexual activities for remuneration or any other form of
consideration.

Exploitation: exploitation has two related meanings; to make unfair profit and to take advantage
of unequal power and or economic status. Used in both senses with respect to child prostitution,
exploitation can result from the actions of both customers and intermediaries.

Human rights: the rights and freedoms to which all human beings are entitled, currently
embodied in the United Nations Human rights law.

Rights based: using human rights as the frame work for research.
LIST OF FIGURES
 Chapter one

Introduction

1.1 Background of the study

In November 1989, the United Nations General Assembly adopted the conventions on the rights
of the child (CRC).The CRC defined everybody under the age of 18 as a child. World leaders
agreed that children should have a special convention to ensure that they receive special care and
protection they need. By signing the convention, governments recognized that the human rights
apply entirely to all children.

Child prostitution has grown considerably in Kenya due to economic contraction and the
increase in the number of children orphaned because of the scourge of HIV/AIDs. According to
the international Labour Organization (ILO), approximately 30,000 girls under the age of
19years were engaged in prostitution in the country. Moreover child prostitution is extensive in
Nanyuki, a town that is home training base for foreign military forces. There are reports (ILO) of
women and children being enticed with drugs and alcohol to participate in pornographic and
bestiality videos.

Other studies carried out on child prostitution in Kenya, by various organizations and individual
researchers reveal a worsening trend of children being exploited sexually and subsequently an
increase of children’s engagement in commercial sex. UNICEF and Kenya government carried
out a joint study in Kilifi, Mombasa, Kwale coastal districts between October 2005 and March
2006, which survey reached 230 people mainly from the tourism industry including 84 children
sex workers. The survey revealed that up to 15,000 girls in the four coastal towns were involved
in casual sex for cash, about 30% of them were aged between 12-18 years. Moreover a further
2000 to 3,000 girls and boys were engaged in full time sex work in the coastal region. The study
noted the worst offenders as Kenyan men who either pimp or are clients while other clients were
form Europe in particular, Italy, Switzerland and Britain.

Kisumu is a major port on Lake Victoria and is the third Largest City in Kenya. It is also the
Kenya oil pipeline terminal point in Western Kenya, from where drivers from east and Central
African Countries come for petroleum products. The city is a major transit point along the great
North road. The City is surrounded by agriculturally unproductive land a situation which has
resulted in massive rural-urban migrations as young people search for livelihoods. Kisumu is
also a great fishing area, where the practice of jaboya , fish for sex is rampant. HIV/AIDS has
also rendered many children orphans, a situation that has created many child headed households,
where children find themselves going to work in order to support their siblings and sometimes
their ailing parents and relatives (ILO –IPEC TBP, 2007

In Kisumu, relating to child prostitution, the Joboya concept (sex for fish) constitutes an
increasing concern. To be introduced to the commercialization of fish, women and girls should
become prostitutes. This is the only means to get fish and protection from a procurer and survive
in the circle. Besides young girls are increasingly crowding areas that were previously violence
hot spots like, Kondele, Manyatta and Nyalenda, dressed skimpily from as early as six in the
evening parading seductively for clients attention.

Studies have shown that underage prostitution brings serious and devastating outcomes. Based
on interviews with girls in programs or underage prostitutes, Sung, Park and Park (2009) showed
that girls had multiple pregnancies, STDs, and abortions once they were involved in underage
prostitution. They found that girls suffered from not only STD infections and abortion but also
physical abuse, forced group sex and acts that they considered to be sexual perversion. Beyond
the physical health problems, these experiences have significant negative effects on girls and
boys lives that included depression and anger and feelings of self-unworthiness.

Child prostitution breeds the ground for drug trafficking, violence especially as a result of unmet
agreements, harassment of children by their clients, stigma from the society, alcoholism, over
working, tiredness, absenteeism from school, child headed households, unwanted pregnancies
and abortions which could also result into death, school drop outs, child labour and domestic
work especially in fishing industries.

These and many other factors result into detrimental effects such as child headed households,
degenerated environments that stink drug peddling, corrupted moral standards, alcoholism, loss
of self-worth that is fueled by loss of value from the family, poverty stricken and deprived
neighborhoods especially in the slum areas, double life as street girls in the day and commercial
sex workers in the night, development of abusive languages, enticing characters and violent
tempers. Commercial sexual exploitation of children therefore fuels moral decadence, apathy
among the young generation, a feeling of disgruntles of the young generation and lack of stamina
to participate productively in the society.

Kenya ratified the Convention on the rights of the child (CRC) in 1993. This convention sought
to protect the interest as well as the rights of the child in as far as their development,
participation, protection and survival was concerned. Since then both Government and non-
governmental organizations have introduced initiatives such as law and policy reforms in order
to address the prevalence of child prostitution.

However even with the ratification of the Convention on the rights of the child, there are
growing concerns that child prostitution soars the sky and the redress mechanisms in use are less
effective since they are largely referred and are therefore not identical and suitable to the local
problems and needs.
1.2 Statement of the problem:

Commercial sexual exploitation (CSEC) or otherwise known as child prostitution are issues of
global concern. Commercial sexual exploitation is a severe violation of the rights of children. In
particular, it represents a gross breach of a child’s right to protection from all forms of violence,
abuse and exploitation as enshrined in the convention on the rights of the child.

Child sexual exploitation and prostitution have potentially severe long term effects on all aspects
of a child’s development. In particular, children subject to such abuse and exploitation are
vulnerable to experiencing conditions such as depression, poor school performance, delinquency,
low self-esteem, problems with trusting others, anger, poor social skills, substance abuse, sexual
dysfunction, mental illness, HIV and other sexually transmitted Infections (STIs), various forms
of physical harm and even suicide.

The mutual recognition of the need to protect children world over was reached globally and
children’s act developed to be adopted by countries. Kenya signed, on 8 th September 2000, the
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography.

Article 34 of the convention on the rights of children provides protection from all forms of
sexual exploitation and sexual violence and from abduction, sale and trafficking in children.
Section 15 of the children’s Act provides children with protection “from sexual exploitation and
use in prostitution, inducement or coercion to engage in any sexual activity and exposure to
obscene materials.

Different public structures have been established by the Children Act and they aim at promoting
the welfare of the child and protecting her/ his rights. According to the children Act, the National
council for Children’s Services (NCCS), inaugurated in September 2002, has the mandate to
“supervise and control over planning, financing and co-ordination of child rights and welfare
activities and advice the government on all aspects thereof”.

Amongst its different functions the NCCS is in charge of the full implementation of Kenya’s
international and regional obligations relating to children. The Director of Children’s services
(DCS) is the secretary of the NCCS and plays an important role to set up, promote, co-ordinate
and supervise services and facilitates that deal with children such as providing assistance, care
and accommodation to children victims or vulnerable children like children with disabilities,
street children, sexually abused children, etc.

Under children act, local authorities are mandated to ensure the enjoyment of children’s rights at
the local level and are supervised by the NCCS. They have the duty to “promote the good
upbringing of children by their families, through the establishment of suitable family oriented
 programs and through the creation of a department to deal with the rights and welfare of
children, public awareness and the co-ordination of relevant program support initiatives from
different social sub sectors” (section 40 of the children Act).

However even with the existence of such facilities, extensive research has not been done to
determine the prevalence of child prostitution. The redress mechanisms are therefore largely
referred and not identical to the problem areas, this implies that their effect if any may not be
felt. Measures to address these complex problems therefore need to be developed and actioned
as this would create a conducive environment for the holistic development of children of all
castes.

This study seeks to bridge the gap of literature on the prevalence of child prostitution and
effective redress mechanisms that are identical to the local needs.

1.2 General objective of the study

The general objective of this study is to assess the cause, prevalence of and the effect of the
available redress mechanisms and provide recommendations on mitigation of child prostitution
in Kisumu East sub County.

1.3 Specific objectives of the study

i. To determine the prevalence of child prostitution in Kisumu Central constituency

ii. To assess the available redress mechanisms for child prostitution
iii. To explore the need for review of existing redress mechanisms

1.4 Research questions

i. What is the prevalence of child prostitution in Kisumu Central?

ii. What are the available redress mechanisms for child prostitution?
iii. Is there need for review of the existing mechanism?
 Chapter two

Literature review

Introduction

This section reviews existing literature on the prevalence of child prostitution, the available
redress mechanism in use and their effect and literature that assess the need for review of the
available redress mechanisms.

2.1 Background on child prostitution

Child prostitution started to gain attention as a major public concern in 1960s, around the same
time as child abuse became topical social problem (Weisberg, 1985). It is a global phenomenal,
which spread widely in both developing and developed countries (Mahler, 1997; UNICEF,
2001a; Muntarbhorn, 1996a; WCCSEC, 1996; Ireland, 1993; Montegomery, 1998; Daniels,
2002; Flowers, 1998; Fallon and Tzannatos, 1998; save the children, 1996; ECPAT
international, 2001; Bagley, 1999; Ennew, 1986; YAPI, 1998). Throughout Asia, Latin America
and the countries of the North there have been increasing reports of growth in the number of
children involved in prostitution (save the children, 1996; Ireland, 1993). There are many factors
underpinning this growth and these factors differ across the world, as does the scale of the
problem. In some countries, child prostitution as a phenomenal has existed for centuries,
embedded in historical and cultural practices (ECPAT International, 2001, 2002). But in most
countries it is brought about because there are problems of social- economic inequity, the
subordination of women and children, and the perpetuation of attitudes and values that view
children as economic commodities (WCCSE, 1996; save the children, 1996)

Approximately, one million children around the world, mainly young females are forced into
prostitution every year and the total number of prostituted children now could be as high as ten
million (Willis and Levy, 2002; UNICEF, 2003a). In 2000, about 1.8 million children worldwide
were commercially sexually exploited (IPEC, 2002a). In Asia-Pacific region, the number of
children involved in prostitution and pornography in 2000 was reported to be about 590,000
(UNICEF, 2003a). Several sources indicate that Southeast Asia is the part of the Asia-Pacific
region which has the largest child prostitution problem, involving an estimated 200,000-800,000
children in Thailand, 24,000-35,000 in Cambodia, 40,000-100,000 in Philippines, 42, 000 in
Indonesia and 20,000-40,000 in Vietnam (Meier,2000; Willis and Levy, 2002; Montogomery,
2001; future group, 2001; Flowers,1998).

Female child prostitution is an epidemic that touches every corner of the world. The female child
usually finds her way into prostitution by being bought, tricked, sold by parents or traded.
Figures estimate that the child prostitution business employs approximately 1 million children in
Asia, 1.5 to 2 million in India, 100,000 children in the United States and 500,000 children in
Latin America. Statistics also estimate that in one year’s time a child prostitute will service over
2,000 men (Laurie Nicole, 1997).

The globalization of economy is at the fore front of the prostitution problem (Robinson Laurie,
1997). Economics perpetuates female child prostitution because it is financially rewarding to
those who participate in the activity. The globalization of cultures also play an integral part in the
problem because it is generally the child’s culture that compels her to be sexually exploited. In
response to this global epidemic, the United Nations adopted the United Nations convention on
the rights of the child in 1989 (convention).

Child prostitution is not exclusively a form of child abuse. It is increasingly a form of labour
performed for income and often survival. Many young women turn to prostitution as a means of
supporting themselves and their families financially. Some girls already have low paying jobs
but work as prostitutes because of the higher income it provides. The growth of child prostitution
in Southern Africa is due to largely poverty, unequal gender relations, a breakdown of family
structures, limited access to education by young girls and sexual abuse (Viktoria Perschler-Desai,
2001).

In 2002, the year of the latest consensus of child prostitutes conducted by the International
Labour Organization (ILO) Children around the world engaged in prostitution were estimated to
be around 1,800,000 (Willis and Levy,2002;UNICEF,2003a).

According to Brown and Barret (2002) the globalization and capital liberalization during the
1980s and 1990s turned child prostitution into an international problem demanding international
solutions above national level. This led international organizations and forums for international
co operations such as European Union, do address the issue and in 1993 the council of Europe
stated that sexual exploitation of children and young for profit is a social problem that needs both
national and international action.

A survey report released by UNICEF 2007 in Kenya revealed that commercial sex tourism is not
only growing rapidly on the Kenyan Coast but also gaining increasing acceptance as a valid
means of earning income. It is boosted by a flourishing tourism industry. Its results indicted
Kenyan men 38%, Italians 18%, Germans 14% and Swiss 12% as the main clientele and
offenders. Launching the report Kenya’s Vice President Moody Awori described the findings as
a shocking reality and stated that the problem continues to grow to horrific magnitude. Out of all
the girls interviewed by UNICEF, 76% felt that the commercial sex was an acceptable way of
making money; this is supported by findings from SOLWODI which intimate girls stating that
since there are no jobs, they have no options but to obtain earnings from CSW.

Other studies carried out on child prostitution in Kenya, by various organizations and individual
researchers reveal a worsening trend of children being exploited sexually and subsequently an
increase of children’s engagement in commercial sex. UNICEF and Kenya government carried
out a joint study in Diani, Kilifi, Mombasa and Kwale Coastal districts between October 2005
and March 2006, which survey reached 230 people mainly from tourism industry including 84
children sex workers. The survey revealed that up to 15,000 girls in the four coastal towns were
involved in casual sex for cash and about 30% of them were aged between 12-18 years.
Moreover a further 2,000 to 3,000 girls and boys were engaged in full time sex work in the
Coastal region. The study noted that the worst offenders were Kenyan men who were either
pimps or clients while the other clients were from Europe in particular Italy, Germany,
Switzerland and Britain.

2.2 The prevalence of child prostitution

Globally in USA a report by James Cole (Deputy attorney general, California, 2011) cited that
United States faced a problem of foreign victims that were being trafficked into the country but
of concern was the home grown problem of American children being recruited and exploited into
commercial sex. Under federal law, a child does not need to cross international or even state
borders to be considered a victim of commercial sexual exploitation, and unfortunately,
American children were falling victims to the above crime within the United States.

Pimps and traffickers sexually exploited children through street prostitution and in adult night
clubs, illegal brothels, sex parties, motel rooms, hotel rooms and other locations throughout the
United States (James Cole, 2011). It also noted that many recovered American victims were
street children a population of runaway or throw away youth who often came from low income
families and may have suffered physical abuse, sexual abuse and family abandonment issues.
The above population was seen as an easy target by pimps because the children were generally
vulnerable, without dependable guardians and most suffered from low self-esteem. Victims of
the prostitution of children however came from all backgrounds in terms of class, race and
geography.

In Asia a study by Bangkok Metropolitan Administration (August 2015) revealed that the rate of
child prostitution was increasing in the city area. This was because business men or friends used
prostitutes for a variety of functions some as a show of courtesy at important meetings or
celebrations prostitutes were always on high demand in the urban areas.

Northeastern Thailand, referred to as an Isan in the country is a completely different world than
Central Thailand (UNODC,2015). As Bangkok and its surrounding area continue to develop,
Isan is going in the opposite direction. Although it is populous, the farming potential for the area
is low. The people there are unable for farm, thus face massive amounts of poverty. This poverty
is one of, if not the most, important contributing factors to child prostitution in Thailand. In
Pattaya alone there is thought to be approximately 2,000 underage prostitutes involved in the
prostitution industry, while approximately 900 underage are thought to come to the area for
prostitution every year.
In Asia Laurie Nicole (1997) cited that sex tourism is a lucrative industry and is a key element to
the sexual exploitation of children. In 1997, the industry generated over a billion dollar. Its
profitable was traceable to the Vietnam War, which facilitated sex between United States service
men and young Asian girls. With the end of the war and the return of the servicemen to the
United States, brothels were left without revenue and Asian female prostitutes were left without
paying customers. To compensate for the loss of revenues, the Asia government’s made attempts
to bolster their economies through sex tourism. The high demand and limited supply of female
child prostitutes created competition among countries and procures, because of the depletion of
young victims in Asia, traffickers travelled to other countries to seek young girls, thus a global
ripple of female child prostitution was created worldwide. Economic incentives introduced the
child into prostitution. However female child prostitution also manifested itself through cultural
practices because of culture, some developed countries viewed prostitution as stigmatizing and
wrong, while developing countries in most instances considered it an acceptable practice.

Thailand’s GDP, which doubled in the short span of only ten years, is a pointer of economic
progress. However it has not advanced in all the four areas of Thailand. Bangkok, being the
urban center of the country, has industrialized rapidly while Isan or the Northeast has not. This is
has been a twofold problem for young Thai girls. On one side when people are growing
wealthier in Bangkok, poor agricultural workers are now making more money at a constant rate
because of their industrial work. Since prostitution is socially accepted, many men use it for a
variety of social functions. With the economic boom, the demand has risen for prostitutes. As the
demand continues to grow with more industrialization, younger and younger girls are recruited to
meet the expected demand of the future (Laurie Nicole, 1997).

The reports further states that prostitution in Thailand is illegal but occurs openly. The laws are
enforced especially whenever there is a public scandal that requires that politicians need to be
seen doing something and then often, they are nothing more than comic opera. In one example,
the government launched a massive campaign that promised to search through every brothel in
the country, by the end of their search, after working more closely with the police, only 35
children were saved. Not only does it drive the economy because business owners and officials
have stakes in the sex sector, but Thai culture is simply too accepting of the practice (Laurie
Robinson, 1997).

In South Africa, Molo Songololo a task team which includes lawyers for human rights, the
human rights commission, back lash and other groups carried out a study on child prostitution to
push for appropriate legislation in (2003). The study indicated that children were increasingly
being forced into prostitution in South Africa with many girls being kidnapped in broad day light
at shopping malls, taxi ranks and schools. Girls aged 12 to 17 were the most common targets of
the gangs, brothel owners and others including their own mothers who were forcing them to sell
sex. They are frequently gang-raped, forced into prostitution and forced to take drugs. South
Africa has no laws against child prostitution and child trafficking although it is illegal to have
sex with a child under the age of 16, and to abduct and kidnap a child. There are no official
statics of children involved in prostitution; Molo Songololo cites a figure of 28,000, given by
social workers and child protection unit. The Elsies River police station in Cape Town dealt with
an average of five cases a month in 1999, and the Sex Worker Advocacy Task force did estimate
that one out of every four sex workers in Cape Town were children. They cited poverty, lack of
protection services for children and the rising demand for sex with children as the contributing
factors to child prostitution. The growth of child prostitution in South Africa was largely due to
poverty, unequal gender relationships, breakdown of family structures, limited access to
education by young girls and sexual abuse. What emerged as a significant feature was that many
girls lived under difficult circumstances. Most of them worked during the day, either
domestically or in subsistence agriculture for their own families or for employers. Others worked
at markets, in small shops or as hawkers. At night they earned additional and better income by
charging money for sexual favours. Some of the girls gave up their day work because they can
earn more from prostitution (Daily News, September 9, 2012).

In Mozambique, Southern Africa a study by Viktoria Perschler (2004) indicated that child
prostitution was increasingly becoming a form of child labour performed for income and often
survival. Many young women turned to prostitution as a means of supporting themselves and
their families financially. Some girls already had low paying jobs but worked as prostitutes
because of the higher income it provided. Even though there are also boys who prostitute
themselves, prostitution in Mozambique still seemed to be mainly female domain, where
feminization of poverty became most cruelly evident. Most girls involved in prostitution in
Mozambique were around 15 and 16years old. Although girls as young as 12 were interviewed,
in Mozambique’s capital, it was common to see girls of below 12 years standing along popular
up-market streets.

The same study(Viktoria Perschler,2004) revealed that in Mozambique, the owners of various
discos and bars in Beira and long the corridor, where there are high occurrences of child
prostitution, children are used to attract customers. Some places also rented rooms. Condoms
were advertised and sold in some places. A law restricting access of minors to night clubs and
bars was enacted in 1999 but was yet to be successfully implemented.

In West Africa, Nigeria a study by UNICEF (2007) confirmed the existence of child trafficking
for the purposes of domestic service, prostitution and other forms of exploitative labour as a wide
spread phenomenal. Children and women were recruited with promises of well-paying jobs in
urban centers within the country or abroad, realizing too late that they have been lured into a debt
bond. Regretfully Nigeria was and continues to be a source of, transit and destination country for
trafficked women and children and prostitution, domestic and exploitative labour continues to be
the fueling factor.

The government of Malawi through the ministry of women, child welfare and community
services confirmed the existence of child prostitution in June 2005. Many children as young as
10 were being used as prostitutes in brothels that mushroomed in Blantyers Ndirande and
Bangwe townships and at Biwi in Lilongwe among other places in the country. In their report,
the coordinator of the child protection project in the ministry of women, child welfare and
community services confirmed the withdrawal of a lot of children who had been employed for
prostitution in brothels (Pilirani Banda, 2005).

Child protection officers who carried out the research on child prostitution have since established
that there is need for concern, in places like Bangwe in Malawi, close to Mthandizi, some brothel
owners enticed children from poor families with food and accommodation and turned them to
prostitutes.

A report by United States Department of state in Malawi under the heading “children states”
indicated that trafficking of children for sexual purposes was a problem, and child prostitution
for survival without third party involvement also occurred. The child care protection and justice
act stipulates punishment up to and including life imprisonment for child traffickers (CEDAW,
2010).

“The ILO committee of Experts also noted that while the use, procurement or offering of persons
under 18years of age for the purposes of prostitution or pornography appeared to exist in
Malawi, national legislation did not see to prohibit this worst form of child labour. I urged
Malawi to take measures, as a matter of urgency, to adopt national legislation in that regard.”
(Ibid).

Regionally, East Africa and in Uganda specifically, a report by ECPAT international (2011)
suggests that prostitution of children is on the rise, especially in urban centers and fishing
communities. There are also a growing number of boys engaging in prostitution in Uganda.
Some children are exploited by bar owners and lodges, while others are promised work in hotels
where they end up being sold to men. There are also high levels of relapse into prostitution due
to inter alia, a lack of alternative skills, drug and alcohol abuse and stigma and fear of rejection.
The research suggests that the incident and number of victims of the commercial sexual
exploitation of children (CSEC) have increased and the age at which children get involved in
CSEC has decreased.

In Uganda a study on human development by UNDP (2011) suggested it as a source, transit and
destination country for children trafficked for sexual purposes, although there is no concrete data
as to the actual number of children trafficked each year. Research shows that the recruitment and
trafficking of children for the purposes of sexual exploitation is well coordinated. The exploiters
are usually known to the victims or their families and the majority use false promises of job
opportunities to deceive the victims.

Under Ugandan legislation, there is no distinction between the prostitution of children and the
prostitution of adults. Prostitution is illegal in Uganda and is punishable by seven years
imprisonment, regardless of age, under Uganda’s penal code, the procurement of girls or women
for sex is prohibited, however, obtaining, offering and providing a child for prostitution are not
explicitly prohibited, as requested by the OPSC. Additionally, there must be testimony of more
than one witness or evidence corroborating the testimony of a single witness (Ssembatya 2012).

In Kenya, a United Nations Children’s Fund (UNICEF) report titled The Extent and Effect of
Sex tourism and Sexual Exploitation of Children (2014) on the Kenyan Coast, shows there is a
steady rise in school drop outs in the region as girls from poor families fall prey to prostitution.

The boys have not been spared either as they drop out of school after being lured by rich female
tourist, lazing around the beaches. “In Kenya, nearly 30 percent of children between the ages of
12 and 18 years are engaged in child prostitution. Most of these children can be found in urban
areas. The practice is most prevalent at the Coast which is a favorite haunt for pedophile’s
disguised as tourist.

The report points out that the promise of easy money has seen underage girls registering for
identity cards to falsify their ages and be allowed to gain entry into hotels and entertainment
spots. It further reveals that 76.3 per cent of girls interviewed said the practice is normal and
acceptable means to earn a living. Locals tolerate this type of sexual exploitation because they
claim nothing gets a family out of poverty faster than a daughter who has a white boyfriend. In
many cases girls are actually encouraged by their parents and relatives to look for older white
men (UNICEF, 2014).

One of the most prominent reasons for prostitution is poverty. Many families guide their children
in the direction of prostitution in order to gain salary to help support the family for food and
other needs. Girls in particular become extremely vulnerable and desperately need money, and
this is when they become the main target for prostitution. Since prostitution is such a profitable
activity many families in Kenya allow their children to get into the prostitution industry at a very
young age in order to get money. In Kenya, a sexual encounter with a girl under the age of
sixteen can cost twenty Euros but can go up to sixty Euros. This is beneficial because the average
Kenyan only earns only four Euros per day which is most definitely not enough to survive. They
believe that money over powers the horrible situation they put their children through, up to 30,
000 girls between the ages of 12 and 14 are being lured into the industry after being promised
riches and trips abroad after the sexual activity is done; as we would conclude nothing is actually
given to them afterwards and these girls fall into the trap of prostitution in which they can’t get
out afterwards. There is high level of acceptance of prostitution and commercial sexual abuse not
only by tourists but by the people of Kenya including parents and girls that are involved in these
acts (UNICEF, 2006).

Others studies carried out on child prostitution in Kenya, by various organizations and individual
researchers revealed a worsening trend of children being exploited sexually and subsequently an
increase on children’s engagement in commercial sex. UNICEF and Kenya government carried
out a joint study in Diani, Kilifi, Mombasa and Kwale coastal districts between October 2005
and March 2006, which survey reached 230 people mainly from the tourism industry including
84 children sex workers. Moreover 2,000 to 3,000 girls and boys were engaged in full time sex
work in the coastal regions.

Nairobi which is the capital City of Kenya is not only the largest city in the region but it is also a
major industrial and commercial center. It is a major communication hub and hosts the
headquarters of many regional and international bodies, and many international conferences and
workshops. This makes it a melting point where many young people of various backgrounds
meet and interact. Its population of approximately 4 million encompasses all Kenyan ethnic
groups as well as many foreigners of all social and economic status. Like any other third world
city of its size, Nairobi shares the unique socio-economic problems of such cities (IPEC, 2008).

Unlike any other city in Kenya or even in the region it has a large population of poor people who
live in what has arguably been termed as some of the largest informal settlement in Africa, with
problems unique to such environments. Studies have shown that children living in large city
slums suffer many forms of exploitation due to poverty. These considerations make a breeding
ground for all form of exploitation including child abuses and sex (IPEC,2008).

Kisumu, a major port on Lake Victoria is the third Largest City in Kenya. It is also the Kenya oil
pipeline terminal point in Western Kenya, from where drivers from east and Central African
Countries come for petroleum products. The city is a major transit point along the great North
road. The City is surrounded by agriculturally unproductive land a situation which has resulted in
massive rural-urban migrations as young people search for livelihoods. Kisumu is also a great
fishing area, where the practice of jaboya , fish for sex is rampant. HIV/AIDS has also rendered
many children orphans, a situation that has created many child headed households, where
children find themselves going to work in order to support their siblings and sometimes their
ailing parents and relatives (ILO –IPEC TBP, 2007).

A publication of standard media (August 2015) reported that areas in Kisumu previously known
for criminal activities especially during election campaigns have become dens of sin where
young girls entertain their clients at fees as low sh. 50. Residents of Manyatta, Obunga and
Nyawita slums have raised alarm over the trend saying it has seen an increase in sexual
exploitation of school children. Girls undergoing rehabilitation after engaging in the activity for
last five years admitted to having been recruited by friends.

Information Gaps

It is impossible to have accurate and reliable data on the number of children involved in
prostitution because of the highly secretive nature of the phenomenon (Este and Weiner, 2002;
UNICEF, 300b, Swann and Balding, 2001).this is because child prostitution is criminal by nature
and hidden from the public view (Dorman, 2001; United Nations, 1996; Christian Aid, 1995).

Child prostitution is still a controversial subject which is, if discussed at all, usually discussed
from a judicial, political or ethical perspective. Few papers have been written on the problem
from an economic perspective despite that the economic theory can help us understand why and
how this phenomenon came into existence. According to Williams (1997) the market of children
is just a market and intermediaries operate to connect demand with supply just as in any other
market.

According to both the Council of Europe, committee of ministers (1993) and Wylie (2006), two
important characteristics of child prostitution are its invisibility and morbidity. The extent of
child prostitution is hidden and thus hard to study. This is however not a reason not to try and
create ways to research the topic.

In 2010, CEDAW reiterated its concern about the scope of trafficking and the extent to which
girls and women are involved in sexual exploitation, including prostitution and the limited data
available relating to these issues.

2.3 Redress mechanisms for child prostitution.

Globally, several measures have been taken to mitigate child prostitution. A study carried in the
United State of America (Mary K Flynn, 2010) suggests that several states have passed
legislation to decriminalize prostitution for minors- Illinois, Tennessee, Vermont and
Connecticut. However critics question whether these efforts will reduce the number of children
in commercial sexual exploitation. While decriminalization of prostitution for minors does not
make pimps innocent of the crime, it does nothing to end demand and may in fact increase it.

New York and Washington State have laws that divert minors arrested for prostitution into
services and rehabilitation programs at the discretion of the judge in New York and at the
discretion of the prosecutor in Washington, instead of into the justice system. Without criminal
charges pending, though the minors can walk away from the diversion programs and right back
into the hands of the pimps (Mellisa Farley, 2009).

Massachusetts (Uniform Crime Report, 2008) is credited to be having the best model for
legislation, which was signed into the law in November 2011. This new law diverts minors found
in prostitution into services and treatment, however, it keeps charges pending against them in
place until they successfully complete the rehabilitation programs then the charges are dropped.
The system gets minors the help they need and incentivizes them to complete the program.

In the same U.S.A CEOS attorney work with high technology investigative unit (HTIU), the
Federal Bureau of Investigation (FBI), United States Attorney’s Offices around the country and
other state and local parties to investigate and prosecute cases arising under federal statutes
prohibiting the prostitution of children. CEOS works to not only punish and jail offenders but to
protect the rights and welfare of the children involved (Uniform Crime Report, 2010).

In addition attorneys travel all over the country to conduct trainings for investigators, law
enforcement personnel and others involved in efforts to eradicate this crime. Moreover, CEOS
designs, implements and supports law enforcement strategies, legislative proposals and policy
initiatives relating to federal laws prohibiting the prostitution of children (Zurita 2012).

Another study by (Tamara, 2000) suggests that the United States legislature under the leadership
of president Wlliam J Clinton passed the trafficking victims protection act (TVPA), which is
considered to be seminal piece of the national legislation to fight commercial sexual exploitation
(Adams et al., 2010; Barnitz, 2001).

In Asia, prostitution in Thailand is illegal but occurs openly. The laws are enforced especially
“whenever.0 a public scandal requires that politicians need to be seen to be doing somethings”
and then often they are nothing more than a “comic opera”. In one example the government
launched a massive campaign that promised to search through every brothel in the country. By
the end of their search after working more closely with local police, only 35 children were saved.
Not only does it drive the economy because wealthy business owners and officials have stakes in
the sex sector, but Thai culture is simply too accepting of the practice (Sanna Wolf, 2011).

Thailand also recently passed the prostitution prevention and suspension Act. The focus of this
act is “the total elimination of entry into the commercial sex business by children of both sexes
under 18. This act also makes individuals behind prostitution such as pimps and brothel owners,
at more fault than the prostitutes themselves. In addition, any official that is part of the
government or law enforcement found involved with prostitutes “shall be punished with
imprisonment of 15-20 years and a fine of 300,000 -400, 000 baht (ECPAT, 2011).

In an attempt to bring an end to prostitution, the United Nations adopted the 1950 Convention for
the suppression of the Traffic in persons and the Exploitation of the Prosecution of the others.
This convention was a supplement to the conventions of 1904, 1910, 1921 and 1933. In effect,
the 1950 convention was designed to “punish owners, managers and financiers of brothels as
wells as those who rent spaces for the purposes of prostitution. The 1950 convention sets out to
punish any person who procures, entices or leads away for purposes of prostitution, another
person even with the consent of that person (Laurie, 1997).

The United Nations Convention on the rights of the Child establishes provisions for signatory
countries to protect young children from being sexually exploited. Articles 34 and 19 are the key
provisions that protect the child from sexual exploitation. Article 34 provides that countries have
an obligation to eliminate “child prostitution and child pornography within their borders.”
Article 19 establishes measures for mandating that countries facilitate legislation against sexual
exploitation of the child. In application both articles focus on punishment for patrons and parents
of child prostitutes as well as other measures to prevent child prostitution (Laurie, 1997).

In Thai, the government has taken similar steps to punish those who engage in the sexual
exploitation of children. Customers who engage in sexual activity with the victim may be forced
to pay approximately 4,800 dollars for victims under 15 and 2,500 dollars for victims under 18.
Furthermore, parents who sell their children into prostitution may have their guardianship
revoked. In response to the United Nations Convention on the rights of the child, some NGOs
have taken matters into their own hands to assist in helping to end the sexual exploitation of
children. One of the most instrumental organizations is End child prostitution in Asian Tourism
(EDCAT). Its main goal is to help eliminate child prostitution by influencing signatory countries
of the convention to comply with its provisions. It also provides educational services that work to
prevent child prostitution and also provides legislation to prevent child sex tourism (EDCAT,
1997).

Development and educational programs for daughters and communities (DEP) is another NGO
based in Thailand. Its goals include preventive measures that will keep at risk girls from entering
prostitution. In order to prevention to be successful, DEP concentrates on helping areas that have
patterns of the sale and trafficking of children for prostitution. Dep attempts to rescue potential
victims by providing educational alternatives and opportunities for personal development. They
also provide sponsorship for education, vocational training, youth leadership training, non-
formal school for young people, informational centers and education for parents (EDCAT,1997).

Another organization working to end child prostitution is the Task Force to End the Exploitation
in Thailand. This organization includes governmental and private agencies. The task force works
to uncover underground links to child prostitution links (Laurie 1997).

In Malaysia a study by (Dorman, 2001) suggests that like other parts of the world child
prostitution in Malaysia is criminal by nature and hidden from public view. Under Malaysian
child Act 2001 section 42 and 43, any person identified of selling, hiring or buying children for
sex, or employing or using children for the purpose of prostitution is liable to be charged with a
fine not exceeding RM 50,000 or to imprisonment for a term not exceeding 15years or both.
Therefore most of the prostitution activities operate clandestinely in off-street locations like
health spas, saunas, beauty salons, bars lounges and other hidden locations.

South Africa has no laws against child prostitution and child trafficking, although it is illegal to
have sex with a child under the age of 16 and to abduct or kidnap a child. A group known as
Molo Songolo is part of a task team which includes lawyers for Human rights, the Human Rights
Commission, Black Sash and other groups formed recently to increase public awareness about
child prostitution and trafficking and to push for appropriate legislation (Jo-Anne Smehterham,
2003) police on the other hand said they do vigorous investigations on such incidences and asked
parents to work together with them.

European tourists have visited Malawi to engage in the sexual exploitation of children. They
have recruited girls and boys in the holiday resorts along Lake Malawi. In some instances sex
tourists are residents in Malawi engaged in various legitimate activities. For instance in 2002, a
British national was arrested on suspicion of sodomizing street children. He was convicted and
his conviction was upheld by the Malawi Supreme court of Appeal but he was later pardoned by
the former head of state, in May 2003. He had been convicted of three counts and sentenced to
12years of imprisonment with hard labour. He had served only 1year and 6 months of his
sentence and has since been deported (Ibid, par. 151).

In Malawi Pilirani (2005), Human Rights Commission Executive Director Emiliana Tembo said
her organization has since carried out civic education in Lilongwe City South and asked parents
and all people in the area to prevent brothel owners from taking advantage of children.
Coordinator of the Child protection project in the Ministry of Women, Child Welfare and
community Services Justin Hamera said they have withdrawn a lot of children who have been
employed for prostitution. After training over 200 child protection officers who have since
started working with different communities. We are using dialogue whereby we ask brothel
owners to release the children. If they don’t we involve laws enforcers.

In Mozambique (UNICEF, 2001), measures to combat child prostitution include the fight against
HIV/AIDS and attempts to increase public awareness of the disease and of the particular
vulnerability of teenage girls to infection. Other measures include the promotion of gender
equality in all aspects of society, including the provision of quality education for children with a
special focus on the integration of girls. The most important and far reaching measure would be
reduction in poverty levels throughout the region.

In Togo, where child prostitution is real and rife (IRIN, 2003) it is virtually impossible to charge
and convict those who fill pockets from sexual exploitation of children; because the country’s
present laws do not provide young people with adequate protection. However it was noted that a
new child protection bill had recently been tabled in parliament. Investigations carried out by
human rights watch (HRW) have shown that many vulnerable children in Togo fall victim to
traffickers who supply children as cheap labour or sex slaves throughout West Africa.

Prostitution in South Sudan is illegal. According to section 253 and 257 of South Sudan’s penal
code, brothel owners are liable to two years of imprisonment, while harboring minors under 18
for the purpose of engaging in unlawful sexual activity is subject to a 7 to 12 years prison
sentence. Yet, in a country where young girls in their puberty are often married away, legislation
on under age sexual conduct stands in stark contrast to customary law and local culture.
Authorities have made limited efforts at eradicating brothels. Occasionally brothels are
demolished by the police, causing girls to shift to other areas or to more covert private houses.
Police don’t take the issue seriously and often target girls instead of brothel owners. The girls
might be taken to the police station, but the police often can’t get brothel owners (Ossa Lullo,
Ministry of Gender, Child and Social Welfare South Sudan, 2013).

In Malagasy government has done little in response. Advocates complain that the local police are
heavily understaffed while gendarmerie tends to be uninterested or in the pay of the criminals.
Fading signs in hotels that warn against bringing back minors surely don’t strike fear in too many
hearts. Most accusations are handled with quite payoff to the victim’s family. Complaints that do
reach a magistrate often drag on endlessly without resolution (Aaron Ross, 2014).
Under Ugandan legislation, there is no distinction between the prostitution of the children and
the prostitution of adults. Prostitution is illegal in Uganda and is punishable by seven years
imprisonment, regardless of age. Under Uganda’s penal code, the procurement of girls or women
for sex is prohibited; however obtaining, offering and providing for prostitution are not explicitly
prohibited as requested by the OPSC. Additionally to be convicted of procurement, there must be
testimony of more than one witness or evidence corroborating the testimony of a single witness
(ecpat 2011).

In Kenya (UNICEF, 2006) the tourism ministry has been severely criticized because of it lack of
response to the booming sex tourism and child exploitation at the Kenyan Coast. The booming
trade in sex goes on with the Kenyan Tourism polices full knowledge. They do not want to
discourage the hundreds of thousands of white tourists coming to Kenya’s Coast regardless of
the damage it does to young Kenyans.

In Kisumu NASCOP has devised a way of handling the phenomenal. They advise the child sex
workers to embrace the use of protection during intercourse though money overpowers their
counsel. They also empower young girls to look out for alternative options of income generation
to fight the rising of new numbers (NASCOP, 2007). The law enforcers also arrests occasionally
but this does little to discourage the vice.

Information gaps

Information about the national costs of health care, in addition to public health concerns about
transmissions of HIV/AIDS and STIs and underage pregnancies might prove to give strong
leverage to campaigns to encourage governments to commit resources to eliminating the
exploitation of children in prostitution. More importantly such information (including mental
health information) could be used to improve programs for children exploited into prostitution.
Wallis and Levy (2002).

2.4. Is there a need for review of existing redress mechanisms?

Globally in U.S.A a study by Brenda Zurita (2012), suggests that those who push legislation that
decriminalizes prostitution or minors, often called safe harbor legislation, contend that arresting
these minors further traumatizes them. Proponent’s decriminalization wants to totally remove the
possibility of arrest. They argue that what the children need are service directed towards
restoring their dignity and rehabilitating them out of a life of selling sex. They want this
accomplished outside juvenile justice system.

In the same study (Zurita,2012) others strenuously argue that removing the discretion of law
enforcement, district attorneys and judges from the process takes away one of the most effective
means of rescuing children; they say that taking law enforcement out of the picture is not the
answer. These children’s advocates argue that a comprehensive approach is necessary and
accomplished by leaving every available option on the table to help these children, including
arrest and detention to ensure the evaluation and handling of their situations on a case by case
basis. Furthermore they argue that the issue is complex, encompassing not only legal and social
service systems, but also cultural attitudes. Public awareness and understanding of the issue is
necessary step towards helping minors trapped in prostitution.

It was also noted that those who advocated decriminalization have much to learn from those
countries that have actually tried decriminalization or legalization. After legalization in Victoria
for instance, Australia, there was a 300 percent increase in illegal brothels. The Dutch saw an
increase in trafficking victims form 716 in 2007 to 809 in 2008; almost 40 percent of those
victims were Dutch girls pimped out by their boyfriends. The increase in victims continued in
2009, with the number at 909, and was up to 993 by 2010. Approximately 63 percent of the
estimated 400,000 prostitutes in Germany were migrants, meaning German women do not want
to prostitute, so they have to bring women in women from other countries, an environment ripe
for sexual exploitation of minors and sex trafficking (Mary K Flynn, 2010).

The United States does not fare much better in those Nevada counties where prostitution is legal.
Where there is legal prostitution, illegal prostitution also flourishes. In 2009, Nevada’s Governor
Jim Gibbons signed Assembly Bill 380 into law, which establishes the toughest punishments in
the nation for child prostitution. The Las Vegas Metro Police handled 150 cases of child
prostitution in 2008-and the prostitution of adults is not legal in Las Vegas much les of children
(Zurita, 2012).

Those who advocate the decriminalization of prostitution for minors do not want any child
arrested for prostitution. Given that less than two percent of all arrests for prostitution are
minors, it appears law enforcement officers are not arresting great number of minors. The UCR
does not detail what happened to specific minors after arrest but does not detail the disposition of
all juvenile offenders’ cases. The officers may have arrested them to separate them form their
pimps but handled the issue within the department and released them or if they were repeat
offenders, perhaps put them into the juvenile court system (Mary K Flynn, 2010).

In the same United States of America, Attorneys work with the High Technology Investigative
Unit (HTIU), the Federal Bureau of Investigation (FBI), United States Attorney’s Offices around
the country and other state and local parties to investigate and prosecute cases arising under
federal statutes prohibiting the prostitution of children. CEOS works to not only punish and jail
offenders but to protect the rights and welfare of children involved (Deputy Attorney General
James Cole, 2011).

In addition, COES maintains a coordinated, national-level law enforcement focus and helps
coordinate nationwide and international investigations and initiatives. CEOS attorneys travel all
over the country to conduct trainings for investigators, law enforcement personnel and others
involved in efforts to eradicate this crime. Moreover, CEOS designs, implements and supports
law enforcement strategies, legislative proposals, and policy initiatives relating to federal laws
prohibiting the prostitution of children (Deputy Attorney General James Cole, 2011).

In New Zealand prostitutes collective, Child youth and Family Services, Wellington City
Council and the police have been helping to establish a scheme which would involve at risk teen
being placed temporarily with gay foster parents of the opposite sex. A formal scheme would
ensure caregivers had no criminal convictions as well as providing them with training and
funding. Council Youth development co-ordinator Lorrainne Collinson said the Council was
aware of the problem of survival sex among gay and transsexual teens (Evening post, 2001).

In Central Auckland, the City Mission provides meals for $1 to the homeless and this includes
children on the streets some of whom are known for doing sex work. There is encouragement for
them to go to the Prostitutes collective for free condoms and guidance or Te Pua Pohutukawa,
the sexual health clinic at Auckland for teenagers (Personal communication, Minutes of the
under-age prostitution meeting, Otahuhu, December 2001)

The New Zealand government’s participation in the Yokohama Congress indicates a

commitment to putting supports in place for under-age sex workers and working towards
prevention of child prostitution. To date however, there is little literature on government
collaboration with Non-Government agencies. One initiative is the multi- agency meetings at
Otahuhu, South Auckland, representing a wide spectrum of government and community
agencies, including police and child, Youth and Family services Available, encourage
networking between those services and assess the level of need for young people who are at risk
of or involved in prostitution (Oliver, 2001)

Most assistance offered young people in sex work is motivated by the concepts of rescue and
reform, which are experienced as punitive and restrictive to those they aim to protect (Lee and
O’Brien 1995). The second World Congress on the Sexual Exploitation of Children at
Yokohama emphasized a need to incorporate approaches consistent with key principles of
working with Children. These include work that is based on Children’s rights, supports their
participation and adopts a holistic approach. There is need to support cultural differences when
these are positive, but to confront traditional practices that maintain abuse (Warburton 2001).

Foster (1991) and Olivera (2000) suggest that empowerment models of social work are
appropriate for young people whose experiences have left them with a sense of powerlessness
and dependence on abusive lifestyles. The approaches need to be non- judge mental and person-
centered, enabling people to regain a sense of control over experiences and helping them to
increase their options for the future. Such interventions cannot be imposed and must be on terms
acceptable to the individual.

A study by Webber (1991b) suggests that prevention and intervention must take into account the
traumatic damage form family life that has made children flee to the streets, the subsequent
violence and trauma on the street, and the likelihood of young prostitutes suffering from post-
traumatic stress disorder (Brierre 1992) as well as the attitudes of the agencies the sex worker
may have to deal with. Many have reported feeling powerless in their interactions with social
services agencies.

The responsibility to stop the commercial exploitation of children belongs to everyone in every
community. Education, awareness raising, changing attitudes towards children, conscientious
enforcement of law, criminal sanctions against the abusers/clients and unwavering and
committed leadership in this area are needed (UNICEF 2001). UNICEF has emphasized that the
most effective response must take into account specific and regional factors and includes an
understanding of the different ways in which children are exploited, the places where children
are exploited and the methods used to recruit them and the procedures used to retain them.

Another study by Martin (2001) suggests that prevention of child prostitution can only be
successful when the commercial sexual exploitation of children stops and the factors that push
children into prostitution are addressed. This therefore requires a holistic and multi-agency
approach with both preventive action and interventions addressing factors that push children into
prostitution.

In Canada, the ratification of the United Nations Convention on the rights of the child (CRC)
means that policies to eliminate commercial sexual exploitation should be implemented equally
for all children, without discrimination. However, Aboriginal people are disproportionately
represented among Canada’s population of commercially sexually exploited children and youth.
They are also more likely to experience the primary risk factors for commercial sexual
exploitation – poverty, exposure to violence and involvement in the child welfare system. A
study was conducted to analyze policies examining the implementation in Canada of the CRC
articles related the primary predictors of commercial sexual exploitation of children, to
determine whether they are being implemented differentially for aboriginal and non-Aboriginal
children. The findings indicated that although Aboriginal and non-Aboriginal children obtained
identical scores on the quantitative measures, the implementation of the relevant rights standards
differed substantially across two populations, as evident in differential funding and service
provisions for the two groups (Zulu, 2014)

In Thailand prostitution is illegal but occurs openly. The laws are enforced especially whenever
public scandals require that politicians need to be seen doing something and then often they are
nothing more than a comic opera. In one example the government launched a massive campaign
that promised to search through every brothel in the country. By the end of their search, after
working more closely with local police only 35 children were saved (ECPAT 1996).

Another study in Asia (Laurie, 1997) notes that victims may suffer severe physical abuse,
psychological disturbances or both. Because State parties are not actively enforcing the
provisions of the convention, it is not easy to ascertain the success and actual effectiveness of the
programs designed via Article 39 of the constitution. Thus countries have not dealt effectively
with helping the victims. This treatment is typified in countries where prostitution is illegal and
the victim treated like the criminal. Law enforcement officers must realize that the cure for child
prostitution is not putting the child in jail. Countries should also recognize that even though the
victim is removed from the exploitative environment, the damage has already been done and
must be dealt with accordingly. The victim requires immediate medical attention and therapy.

Physical and mental health of the victim has been identified as an international problem through
the United Nations Convention of the Rights of the Child. Article 39 provides means for
countries worldwide to adequately set forth programs to deal with the ill effects suffered by the
victims. Under the guise of the Article 39 of the convention, the key factor for successful
integration is rehabilitating the victim so that she can successfully overcome the abuse that she
was forced to withstand. Another important factor for successful recovery is not to provide
treatment to the victim in a one stop shop format but provide an array of treatments for each
ailment suffered (Indiana Journal of Global Studies, 1997).

The same article 39 stipulates a pathway for countries to provide reintegration and recovery
measures once the child is removed for the exploitative environment, however to help the victim,
countries must first rescue the child from the environment. Foreseeably, cross border trafficking
and underground prostitution rings may hinder countries from helping the victims. Although
finding the victims may be difficult, countries can be proactive by concentrating on known high
risk areas for child prostitution. By targeting known areas, police who suspect a child of being a
prostitute can take the child to the designated rehabilitation shelter. Furthermore law
enforcement agencies could actively employ sting operations to uncover underground
prostitution rings (Indiana Journal of Global Studies, 1997).

In South Africa, there are no laws against child prostitution and child trafficking, although it is
illegal to have sex with a child under the age of 16 and to abduct and kidnap a child. Non-
governmental agencies and rights groups formed recently to increase public awareness about
child prostitution and child trafficking and to push for appropriate legislation. Parents are advised
to look after their children and report suspicious looking people in their areas of stay and also
report if their children go missing (Daily news 2012)

A study carried out in Malawi notes that, in 2002 a British national was upheld by the Malawi
Supreme Court of Appeal but he was pardoned by the former head of State in May 2003. He had
been convicted of three counts and sentenced to 12years of imprisonment with hard labour. He
had served only one year and six months of his sentence and was deported (Ibid, par.151). the
same study note that government at district level referred victims to various NGO run shelters
which catered largely to vulnerable children and youth with some providing specialized care for
women, though not for men. Thus the male party was left out.
In Mozambique measure in place to combat child prostitution include fights against HIV/AIDS
and attempts to increase public awareness of the disease and of the particular vulnerability of
teenage girls to infection. Other measures include the promotion of gender equality in all aspects
of society, including the provision of quality education for children with a special focus on the
integration of girls. Studies suggest that the most important and far reaching measure in
Mozambique would be a reduction in poverty levels throughout the region (Viktoria, 2001).

In Togo Mally (IRIN, 2004) said that it was virtually impossible to charge and convict those who
fill their pockets from sexual exploitation of children because the country’s present laws do not
provide young people with adequate protection. The New York based Organization
recommended in a report published in March 2003 that Togo revises its laws to provide better
protection to the victims of child trafficking and more help for them to be reinstated back into the
community. Meanwhile, the pimps are continuing to fill their pockets from the vice.

In South Sudan, prostitution is illegal. According to sections 253 and 257 of South Sudan penal
code, brothel owners are liable to two years imprisonment while harboring minor under 18 for
the purposes of engaging in unlawful sexual activity is subject to a 7 to 12 year prison sentence.
However police have made little efforts at eradicating brothels. Occasionally brothels are
demolished by the law enforcers causing girls to shift to other areas or to covert to private houses
(Aljazeera, 2016).

A study by Aaron (2014) indicates that in Madagascar, government has done very little in
response to child prostitution. Advocates complain that the local police are heavily under staffed
while the gendarmerie tends to be uninterested or in the pay of the criminals. Fading signs in
hotels that warn against bringing back minors surely don’t strike fear in too many hearts. Most
accusations are handled with a quite pay off to the victim’s family. Complaints do not reach a
magistrate and often drag on endlessly without resolution.

In Ugandan legislation, there is no distinction between the prostitution of adults and children.
Prostitution is illegal in Uganda and is punishable by seven years imprisonment regardless of
age. Under Uganda’s penal code, the procurement of girls or women for sex is prohibited;
however obtaining, offering and providing a child for prostitution are not explicitly prohibited, as
requested by the OPSC. Additionally, to be convicted of procurement, there must be testimony
of more than one witness or evidence of more than one witness or evidence corroborating the
testimony of a single witness. These hinder the prosecution of offenders (ECPAT, 2011).

In Kenya a study by UNICEF (2006) suggests that approximately 30% of the population of
children aged between 12 and 18 were engaged in some form of prostitution. The booming trade
in sex tourism goes on with the full knowledge of police. However they do not want to
discourage the hundreds of thousands of white tourists from coming to Kenya’s Coast, regardless
of the damage it does to young Kenyans.
In Kisumu Ojowi (2015) has opted to advice the children involved in prostitution to embrace the
use of protection during intercourse. Though he notes that money over powers their counsel, they
empower the ladies through a local Non-Governmental Organization to look out for alternative
options of income generating activities to fight the rising new numbers.

2.5 Summary of literature review

Energy and time needs to be employed in studies on child prostitution and exploitation of
children in prostitution. There is a loud gap on the availability of data on child prostitution.
Considerable improvements in research frequency are needed if the incidence, prevalence, and
mechanisms of the exploitation of children in prostitution are to be understood sufficiently well
to be the basis of effective policies and programs. The situation could be improved by
researchers aware of current progress in the implementation of CRC protocol across the globe
and using research tools that allow children to share their experiences and opinions so that
reliable, comparable data can be collected and analyzed. The provision of information about
global or even national trends will not be possible until data are collected using methods that
allow comparisons across countries and region.

1.5 Justification of the study

There is a serious lack of information and data on the incidences of child prostitution. This
therefore creates a need for more in depth research in the commercial sex sectors. The study
provides a ground for information gathering and will therefore add to the body of knowledge on
child prostitution. Child prostitution is a sector subjective to the worst forms of child labour that
has not been adequately studied hence the intervention targeted remain very inadequately
informed. It is against this background that the foundation of this study is laid. The data from the
study will be used to develop interventions and redress mechanisms relevant to the areas of
prevalence.

Findings from the study can be used by relevant stakeholders to break the long running silence
surrounding the phenomenal, extent and nature of child prostitution in the region and prompt
open, constructive community debate and new policies that aim to end the suffering of the
victims. This will contribute to improving the already existing policies.

A limited number of previous studies of underage prostitution attempt to describe and understand
the effects of life events to identify pathways into prostitution. This study also provides insight
into various factors that are likely to contribute to child prostitution. This will in turn be useful to
the government and the policy makers since it will be used to inform future action, including
future planning and implementation of activities geared towards mitigation of child prostitution.
Scope and limitations of the study

The study will be carried out in Kisumu Central constituency and will involve stake holders in
government departments, rehabilitation centers, mature commercial sex workers, child school
drop outs and teachers who are counselors in schools. The study will focus on the causes,
prevalence and the redress mechanisms of child prostitution in Kisumu Central Sub County,
therefore the applicability of findings and recommendations will be limited to child prostitutes in
Kisumu Central Sub County and its environs.

There are difficulties of access to children, customers and intermediaries as well as to the places
where sex is transacted because of the illegal or the stigmatized nature of prostitution.

2.6 Theoretical framework

The study is guided by the functionalist theory. Merton and other functionalists viewed society
as an organism with various parts, and each part has a function to perform. Merton recognized
that some functions were intentional and other functions were not. He also acknowledged that
some functions actually disrupted society. These functions are known as the manifest and latent
functions and dysfunctions. (Robert K. Merton, 1968).

Manifest and Latent Functions

As stated above, the functionalist perspective states that society is a complex system whose parts
work together to promote the stability and survival of society. The parts, or the structures, of
society, such as the education system, criminal justice system, and economical system, all have a
function, or a job, to perform. When all parts are performing their functions correctly, society as
a whole runs smoothly. However, have one part not functioning correctly and there will be an
adverse reaction to society. . (Robert K. Merton, 1968).

Robert Merton pointed out that all parts of society have various functions in which they perform.
Some of these functions are obvious and others are not-so-obvious. He distinguished between the
two by stating that the recognized and intended functions were the manifest functions and the
unrecognized and unintended functions were the latent functions. . (Robert K. Merton, 1968).

This theory relevant to this study since its identical to the fact that risk factors such as traumatic
childhood experiences of physical and sexual abuse, poverty, family dysfunction and
homelessness are contributing factors to child prostitution. These are demonstrations of failed
structures such as basic family units, the failed economy of the government of the day, failure by
the legal institutions to enforce the policies of the day hence the resultant soaring of child
prostitution.
 Methodology

Chapter three

3.1 Introduction

This section discusses the methodology applied to fulfill the research objectives. It outlines the
study area, study design, study population, sampling procedure and sample size. It also confers
the methods of data collection, validity and reliability of data collection instruments, data
Analysis and presentation as well as ethical considerations during the study.

Study area

A map of the area of study

3.2 Study area

The area of study is Kisumu Central constituency. Kisumu Central is constituency number 240.
It has a total population of 168, 892 and approximate area of sq.km 32.70 according to the 2009
housing and population census. The constituency has a total of six wards. Railways ward
number1196, with a population of 34, 294 and square kilometer of 15.10, Migosi ward number
1197, with a population of 19,826 and square kilometer of 1.90, Shauri Moyo ward number1198,
a total population of 14,806 and square kilometer of 2.10, Millimani ward number 1199, with a
population of 18,902 and square kilometer of 6.50, Kondele ward number 1200, a total
population of 48,004 and square kilometer coverage of 2.40 and finally Nyalenda B ward
number 1201, with a total population of 32,430 and square kilometer coverage of 4.70. This
study site was arrived at because previously and currently it has been involved in activities
related to mitigating the vice under study by both the central government and the private sector.

3.3 Study design

The design used for this study will be survey design with a mixed method approach so as to
ensure that both qualitative and quantitative data is covered. The design is the most appropriate,
according to Kothari (2004) a descriptive survey is used to describe facts and characteristics
concerning an individual, group or situation. The design was also picked based on Lokesh (1984)
assertion that descriptive studies are designed to obtain pertinent and precise information
concerning the status of phenomena and whenever possible to draw valid general conclusions
from the facts discovered.

3.4 Target population

The target population include six children who are or have previously been involved in
prostitution, six child school drop outs, six mature commercial sex workers, six household
parents with children of ages between 12 years and 16 years, six primary school teacher
counsellors, six key employees in government departments and six key employees in
rehabilitation centers in Kisumu Central Sub County per site. This totals to 42 respondents per
site this therefore totals up to 252 respondents in all the target sites.

3.5 Sampling design and sample size.

The study will employ simple random and purposive sampling. Simple random sampling is a
probability sampling method that gives each eligible element an equal chance of being selected
in the sample. Random procedures are employed to select sample using a sampling frame. This
method will be applied in the study using a lists of children obtained from rehabilitation centers
with backgrounds on prostitution. The list will be obtained from the administrative organs in the
rehabilitations centers.

Purposive sampling is a non-probability sampling strategy in which the researcher selects

participants who are considered to be typical of the wider population and are sometimes referred
to as judgmental sample. This will target key informants who are top employees of child
protection unit at the police station, rehabilitation centers and orphanages, social service centers,
labour office and community based organization

The study has targets of reaching at least six (6) persons in each target group for interview in
each study site which makes 42 respondents per site totaling to 252 persons reached.

3.6 Data collection instruments

The study will employ testimonials, in-depth interviews, life stories and questionnaire
administration to gather informant from the target respondents.

3.61 Questionnaires

Open ended questionnaires will be administered to encourage full, meaning full answers using
the knowledge levels of informants on the subject of inquiry. This is because they allow free and
unrestrained response and will be more effective for the subject matter. It will create a room for
explanation and reaction to the questions with sentences.
3.62 In depth interviews and life stories

In depth interviews will be conducted to mature commercial sex workers, testimonials and life
stories will be collected from children in rehabilitations centers who are reforming and those who
are still active in prostitution.

3.7 Validity and reliability of research instruments

Reliability is concerned with the consistency and dependability of a measuring instrument. It is

an indication of the degree to which it gives the same answers over time, across similar groups
irrespective of who administers it. A reliable measuring instrument will always give the same
result on different occasions assuming that what is being measured has not changed during the
intervening period.

The researcher will proof read and request friends and expert researchers to review the
instrument to address aspects of validity including content, construct and face validity. The
validation of the instrument is aimed at ensuring that the instrument measures what they were
intended to measure (Kathuri et al., 1993).

Reliability

The instrument will be pre tested for its reliability with a sample of 21 target respondents, this
means three from primary teacher counsellor respondents, household parents, government
employees, rehabilitation centers, mature CSW, child school drop outs and six child prostitutes.
This will be done in Manyatta B ward because it has similar characteristics with the study area.

This is the smallest number that can yield meaning full results on data analysis in a survey
research (Kathuri and Pals, 1993). Consistency of reliability alpha co efficient of 0.70 or more is
acceptable (Fraenkel et al., 2000). Reliability alpha coefficient should be at least 0.07 or
preferably higher for research purposes in social sciences. If reliability alpha coefficient is to be
less than 0.7, revision of the instrument should be done accordingly. A high alpha coefficient
(0.7 and above) implies that the items correlate highly among themselves, that is there is
consistency among the items in measuring the concept of interest (Frankel et al., 1990) at
reliability coefficient of 0.85.

3.8 Data analysis and presentation

Once data is collected, it will be checked edited and cleaned. This will involve making return
calls for the questionnaires not filled-in correctly. Quantitative data from the questionnaires will
be coded and then entered into the Statistical Product and Service Solutions (SPSS) statistical
Package for Social Sciences. Quantitative data will be analyzed using frequencies, percentages
and contingency tables. The findings will be presented in tables and narrative texts. Qualitative
data from the open ended items will be analyzed through content analysis; organizing based on
the emerging themes. The process will involve rigorous revision of the whole data collected,
sentence by sentence.

3.9 Ethical Considerations

The study will ensure that all the relevant authorities are informed about the study and their
permission sought. Informed consent will be sought from all the respondents; they will be
adequately briefed about the study, its implications and the possible benefits that it would bring
to all other stakeholders. They will be informed about their choice of participation: voluntariness,
comfort and convenience. Confidentiality and privacy will strictly be observed. Furthermore, the
names of the participants will be withheld in the study report. The researcher will also ensure
that all sources of information are properly quoted in order to avoid plagiarism. And finally the
researcher will avail the results of the research to the stakeholders where applicable.

LIST OF REFERENCES

Aaron Ross.(2014).Child prostitution and poverty in Madagascar.

African Security review (2001). Teenage prostitution in Southern Africa;childhood on the

market.

Aljazeera,(2014). In-depth features, South Sudan child prostitution rise.

Baker S. (2007) Child labour and child prostitution in Thailand.

Brenda Zurita (2012). The Beverly La Haye Institute; Children in prostitution.

Child prostitution –Kenya (16 May 2013). GVnet-The web Profesionals. N.P., n.d.

Daily news (2012). Child prostitution is rife in Durban.

Department of Justice, Federal Bureau of Investigation, (2008) Uniform crime report, crime in
the United Staes Table 69.

Department of Justice, Federal Bureau of Investigation, (2010) Uniform crime report, crime in
the United Staes Table 69.

ECPAT International (2008). World Congress 11 Against sexual exploitation of children and
adolescents.

ECPAT International,(2007).Global Monitoring report on the status of action against commercial

sexual exploitation of children.

ESCAP (2001). Good practices in combating sexual abuse and sexual exploitation of children
and youth in Asia.

Grant, A., P. Grabosky and F. David (199) “the commercial Sexual Exploitation of children”

Ibid , P 41

Ibid ,P 18

Ibid ,P 42.

ILO-IPEC South America (2006) Sexual exploitation of children in Colombia.

Indiana Journal of Legal Studies (1997). The globalization of female child prostitution: A call for
reintegration and Recovery Measures via Article 39 of the United Nation Convention on the
Rights of the Child.

IRIN Africa (2016). Child prostitution goes unchecked in Togo.

James Cole (2011). Combating child exploitation in San Jose California.

Jeffreys, S. (1997) The idea of prostitution.

Jo-Anne Smetherham (2003). South Africa: No laws against child prostitution.

Juyoung Song (2012). Pathways to underage prostitution among female youth in South Korea.

Kevin Bales (2015) Thailand has always had slavery, but never before on this scale.

Kim (2003)

Laurie Robinson (1997). The globalization of female child prostitution.

Miriam, Pam O (2002). Review of literature on child prostitution.

Mohamad, Lukman Z.(2006). Children in prostitution: A study of young women in the
rehabilitation centers in Malaysia.

Molo Songolo (2000). A report on the trafficking of children for the purposes of sexual
exploitation, Cape Town, South Africa.

Morrison (1998)

Oliviera, W. (2000) Working with children on the streets of Brazil.

Pascal Mwandambo,(2014).UNICEF report highlights child prostitution at the Kenyan Coast.

Pilirani Semu-Banda (2005). Child prostitution worsens in Malawi cities.

Refugee documentation center (2012). Information on sexual exploitation and prostitution of

women and children in Malawi.

Sanna Wolf-Watz (2011). Child prostitution in Thailand.

Saphira ,M. (2001) The commercial sexual exploitation of children, ECPAT.

Saphira, M. (1982) Child Sexual Abuse.

Tamara Elizabeth Hurst (2013). Childhood emotional maltreatment and prevention of

commercial sexual exploitation.

Tumlin, K.C. (2000). Trafficking in children and women.

UNESCAP (2001) Good practices in combating sexual abuse and sexual exploitation of children
and youth in Asia.

UNICEF (2007). Child trafficking in Nigeria.

World Organization Against Torture (2007) Rights of the Child in Kenya.

Zulu Charity (2014) Implementation of the United Nations Convention on the Rights of the
Child and commercial sexual exploitation of aboriginal children in Canada.