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Juxtaposing human rights and human trafficking in South Africa

15 March 2021 | Story Prof Beatri Kruger | Photo Anja Aucamp

Prof Kruger web read more — Prof Beatri Kruger is a research fellow in the Free State Centre for Human Right at the UFS.

John Miller from the United States Office to Monitor Trafficking in Persons calls human trafficking: "The greatest human rights challenge of our generation."

But is this really the current position in South Africa? Let us do a reality check. New evidence-based insights were gained from convictions in several adult, as well as 25 child trafficking cases.

In 2011, Roelofs penned a picture of (sex) trafficking:

"It is a product of an increasing sex obsessed world with billions of dollars being earned from pornographic magazines, television channels and prostitution all because of slumping morality. It is obviously a very lucrative business. Whereas drugs and other narcotic substances can be used only once; a girl used as a sex slave can be sold over and over. This is the tragedy of this cruel exploitation of the vulnerable in our societies."

Exploitation of the vulnerable for financial gain

In 2019, in S v Ediozi Obi (case no CC40/2018), judge Natvarlal Ranchod referred to the above quote and concluded: “This is tragically illustrated in this matter before me …” In this case, several victims were vulnerable young children. They were trafficked, groomed, and repeatedly raped. “They were prostituted for accused 1's financial benefit. It is a sad indictment of certain members of the police force who were expected to bring perpetrators to book but instead, exploited the situation to their own advantage by taking bribes and themselves taking advantage of the young victims. This is some of the evidence that came out in this trial.”

In 2017 in S v Adina Dos Santos, the trafficker was sentenced to life imprisonment, which was confirmed on appeal. The evidence was that the trafficker promised minor Mozambican girls work in her hair salon in South Africa and an opportunity to study while working there. The girls, who were looking for a better life, were eventually threatened and forced to use narcotic drugs and then have sexual intercourse with several men daily. Recently, two female traffickers were sentenced to 19 life sentences in S v Seleso for sexually exploiting a minor girl online by advertising her sexual services to clients on a website.

A multitude of human rights are being violated in human trafficking scenarios. It ranges from violating the right to dignity, privacy, and life, to the right to be free from all forms of violence and not to be treated in a cruel, inhuman, or degrading way. – Prof Beatri Kruger

The trafficking convictions further confirmed that, apart from sex trafficking, victims are also trafficked for other purposes in South Africa. Children as young as eight were trafficked from Mozambique and Nigeria to be exploited for labour purposes. The cases further confirmed that traffickers use an aberrant form of the ukuthwala custom as a guise to traffic minor girls into forced marriages. Furthermore, children were kidnapped and sold. A young mother even advertised her baby on Gumtree for R5 000.

Multitude of human rights are violated in human trafficking

This is a snapshot from our case law. Despite the culture of human rights enshrined in our constitution, it is clear that a multitude of human rights are being violated in human trafficking scenarios. It ranges from violating the right to dignity, privacy, and life, to the right to be free from all forms of violence and not to be treated in a cruel, inhuman, or degrading way. Judge Ranchod rightly declared in S v Obi that human trafficking violates basic human rights and is the cause of immeasurable trauma for victims, their families, and the communities in which they live. Protecting trafficked persons and their human rights is crucial – we have a great task ahead.

News Archive

Official opening of Faculty of Health Sciences Rural Community Initiative

2017-01-01

Description: Karla Mostert Tags: Mail & Guardian, 200 Young South Africans, Candice Thikeson, Karla Mostert, Lerato Machetela, Mandela Rhodes Scholar, Thapelo Mokoatsi

Ribbon cutting, Prof van Zyl and Ms du Plessis
Venter (community member)

The Faculty of Health Sciences of the University of the Free State (UFS) has, as part of its commitment to student and community development, established a student residence in the town of Trompsburg in the Kopanong Local municipality, Xhariep District municipality in the Southern Free State. The Faculty officially opened the Faculty of Health Sciences Rural Community Initiative on 14 and 15 June 2017. The memorial plaque was unveiled by Prof Gert van Zyl (Dean of the Faculty of Health Sciences) and Prof Francis Petersen (Rector and Vice-Chancellor of the University of the Free State)

The importance of the residence

The goal of the ‘Kopanang le fodise – Unite to heal’ programme is to develop a community-centered collaborative framework for sustainable, holistic healthcare and social development incorporated in the curricula of the Faculty.

Background of the project

During 2016 a total of 324 fourth-year students of the Faculty have each spend at least a week in interprofessional groups in primary healthcare facilities in the Kopanong municipality on a Community Based Education, Interprofessional Education (CBE-IPE) platform in Trompsburg and Springfontein.

To facilitate student rural placement the former Midway guesthouse currently includes seven (7) facilitator units with on suite bathrooms, two (2) fully equipped lecture facilities, a recreation room and a library with computers and internet access. The newly developed student residence has 10 apartments that can each accommodate six (6) individuals. A housemaster resides on the premises and acts as manager of the facility. All areas of the residence are Wifi covered and 24h security service is in place.

The ceremony was attend by the following partners

University of the Free State (UFS)

Rector and Vice Chancellor of the University of the Free State, Prof Francis Petersen.
Members of the UFS council, Dr Vinger and Dr Swart
Dean of the Faculty of Health Sciences, Prof van Zyl.
The Head of the School of Allied Health Professions, Dr van Vuuren.
The Head of the School of Medicine, Prof Kruger.
Faculty from the Faculty of Health Sciences.
Members from UFS institutional support department: ICT, Finance, Facilities management

Kopanong local municipality

Councilor Basholo, representing the Kopanong local municipality.
Kopanong local community members
Free State Department of Education (DoE)
Free State Department of Health (DoH)

Private sector partners

Mr Burgess, CEO of MDG Heath Solutions
The Mother And Child Academic Hospital (MACAH) represented by Prof Venter, head of department of Paediatrics, donated two (2) state of the art baby scales to the rural health programme.

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