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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

Traffic in translation between French and Afrikaans follows unique direction

2017-11-21

At Prof Naòmi Morgan’s inaugural lecture were, from the left:
Profs Corli Witthuhn, Vice-Rector: Research; Morgan;
Heidi Hudson, Acting Dean of the Faculty of the Humanities;
and Angelique van Niekerk, Head of the Department of Afrikaans
and Dutch, German and French.
Photo: Stephen Collett

Translation is normally done from a so-called weaker language into a mightier one. This is one of the ways, according to author Antjie Krog in her book A Change of Tongue, which is used by a ‘weaker’ language to help it survive.

However, according to Prof Naòmi Morgan, Head of French in the Department of Afrikaans and Dutch, German and French at the University of the Free State (UFS), this is not the case with French, which is the mightier language, and Afrikaans.

Influence of translators on Afrikaans

“The number of translated titles from French into Afrikaans, from ‘great’ into ‘lesser’ language, is far more than the other way round, almost as if the translators wanted to make the Afrikaans-speaking readers literary self-sufficient, but did not feel the same need to extend the Afrikaans literature into other languages.”

This was Prof Morgan’s words on 8 November 2017 during her inaugural lecture entitled, Van Frans na Afrikaans: 100 jaar van byna eenrigting-vertaalverkeer, in the Equitas Auditorium on the Bloemfontein Campus. A PowerPoint presentation, with a symbolic background of the South African and French flags and relevant texts, formed part of her lecture. She also played video clips and pieces of music to complement it.

Among others, she has a doctorate in Modern French Literature from the University of Geneva, and her translations have earned her a French Knighthood and various prizes. She is also well-known for her translations and involvement in dramas such as Oskar en die Pienk Tannie and Monsieur Ibrahim en die blomme van die Koran.

Greater challenges in this direction

In her lecture, she looked at the two-way traffic from French into Afrikaans and from Afrikaans into French.

Three French citizens, Pierre-Marie Finkelstein, Georges Lory, and Donald Moerdijk, have translated from Afrikaans into French. Of course, their background and ties with South Africa also had an influence on their work. “In Moerdijk’s case, translation from Afrikaans, his second language, was a way in which to recall the country he left in his mind’s eye,” she said.

Prof Morgan is one of only two translators who translates works from Afrikaans into French, the other being Catherine du Toit. However, translations in this direction pose greater challenges. She said it involves “not only knowledge of the language, but also knowledge of the French target culture and literature”. In addition, there aren’t any good bilingual dictionaries, and the only Afrikaans-French dictionary is a thin volume by B Strelen and HL Gonin dating from 1950.

Prof Morgan still believes in translation

She believes there is a need to hear foreign languages such as French in the form of music in Afrikaans, and the speaking of a language alone might not be enough to ensure its survival.

She still believes in translation, and quoted Salman Rushdie’s Imaginary homelands: essays and criticism 1981-1991 in this respect: “The word ‘translation’ comes, etymologically, from the Latin for ‘bearing across’. Having been borne across the world, we are translated men. It is normally supposed that something always gets lost in translation; I cling, obstinately to the notion that something can also be gained.”

Click here for Prof Morgan’s full lecture (only available in Afrikaans).

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