Guarding against the protector, becoming the perpetrator: NGOs’ obligations to protect their beneficiaries
Children in South Africa remain a targeted and vulnerable group. In just three months between July and September 2022, a shocking 315 children in the country were killed, 294 were victims of attempted murder and 1 895 experienced grievous bodily assault.
NGO SECTOR
The NGO sector is critical in advancing children’s rights in society. Those who work and volunteer in such organisations often do so at a tremendous personal cost owing to their deep compassion and care for the children they serve and seek to protect.
However, the sad reality is that even those who should be caring for children can be the very people who violate their rights, whether intentionally or with the best intentions. In these circumstances, it is vital for NGOs to be at the cutting edge of child protection policies and practices, and to introduce checks and balances to prevent abuse from occurring on their watch.
CHILD PROTECTION POLICIES
Child protection refers to measures taken to prevent harm to children, including physical, sexual, and emotional abuse, neglect, and exploitation.
In South Africa, the Children’s Act 2005 is the crucial statute which sets out the legal framework for child protection. NGOs operating in South Africa are required to be familiar with this law and to design and implement policies that best advance the children’s interests in their care and sphere of influence.
ReGULATING BEHAVIOUR
A priority area for NGOs working with children is strictly regulating acceptable behaviour when engaging with children, both during official activities and outside of these.
All stakeholders, including the children, their parents (or alternative caregivers), staff, volunteers, contractors, suppliers and funders, should be aware of the organisation’s standards of engagement as well as reporting channels. Best practice dictates that NGO stakeholders should not be at liberty to interact with children in the NGO’s care outside of official programmes (whether physically or using digital means) save for exceptional circumstances which fall within a clear policy aimed at ensuring transparency and promoting the best interests of the child.
Some individuals should never be able to partner with NGOs involving children, and NGOs have a legal obligation to vet and confirm whether those in their team are precluded from engaging with children due to past behaviour.
data protection
Child protection policies go hand in hand with adequate data protection, governed by the relatively new and untested Protection of Personal Information Act 2013. Data protection refers to the safeguarding and responsible management of personal information, including sensitive information such as children’s photos, fingerprints and contact details.
Responsible data collection includes: collecting only the minimal amount of data needed to effectively run the programme, restricting access to such data and bringing transparency about the data collected and shared, and its purpose. In some circumstances, data collection will require the consent of a child’s parent or guardian. For example, the Children’s Act prohibits the use of a child’s image or personal information for commercial purposes (such as fundraising) without the written consent of the child’s parent or guardian.
Similarly, the Protection of Personal Information Act requires organisations to obtain consent (in the absence of another lawful ground) for collecting, using and disseminating children’s personal information.
DIGITAL ENGAGEMENT
Digital engagement has proved invaluable for our youth’s learning, particularly when considering the impacts of isolating events such as COVID-19. The United Nations Technology Committee on the Rights of the Child highlights that digital technologies present tremendous potential to realise children’s rights in General Comment No. 25, released in 2021. However, with increased access to technology comes a real and enigmatic element of risk.
Through digital sources, children have greater access to a broad range of individuals and can engage in long-standing communications relatively undetected. The United Nations Children’s Fund reports that online child exploitation is on the rise and that children in low- and middle-income countries are most at risk due to systemic issues and a lack of appropriate support. NGOs which incorporate technology into their programmes must educate children about the potential dangers associated with online engagement and design and implement policies that cater to this unique risk.
BEST PRACTICES FOR NGOs
By implementing best practices and adhering to legal requirements, NGOs can safeguard children’s rights and protect their personal information while building trust and credibility with their communities.
Just Grace NPC is a proud champion of child rights in South Africa. We remain committed to upskilling our staff and facilitators, implementing best practice processes and collaborating with other key stakeholders to ensure that child safety is a priority. We will continue to work with other organisations to learn and grow about how to do this well and share our learnings as we do so.
Some best practice ideas for NGOs include:
- Developing robust child protection and data protection policies that are in line with legal requirements and international best practices.
- Regularly training staff and volunteers on child protection and data protection issues.
- Establishing procedures for reporting and responding to child protection concerns.
- Obtaining written consent for the use of children’s images or personal information in advertising and fundraising materials.
- Regularly reviewing and updating policies and procedures to ensure they remain effective.
We also recommend that NGOs obtain legal advice and consult with partners in the industry who are experts on the topic to ensure that their organisation is well-positioned to keep our children safe.
For any organisation looking to learn more or commit to protecting our children, visit connectnetwork.org.za to learn more.
