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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

RC members of Armentum not expelled from residence

2009-05-29

According to a memorandum of agreement that was concluded between the University of the Free State (UFS) and the Residence Committee (RC), the Senior Bond Committee and seniors of the Armentum Residence, the parties involved agreed, among others, that the RC members of this residence would not be expelled from the residence.

This follows an incident during which a first-year student from Armentum, Alex Marais, was injured because of alleged initiation and admitted to the Bloemfontein Medi-Clinic.

According to the agreement, the RC members will resign from their positions and not make themselves available for the next RC election, with the exception of Mr M.J. Pretorius, the RC member for Rag. He will stay on as unelected member of the interim RC. The UFS undertook to pay the RC that is stepping down their honorariums honorariums in August.

The UFS also gave permission to the Residence Head of Armentum, Adv. Bradley Smith, to appoint an interim RC for the remaining period of office of the current RC.

The Senior Bond must also undertake to submit the current rules of the Senior Bond Committee to the Acting Rector, Prof. Teuns Verschoor, before 1 June 2009. The Senior Bond Committee undertakes to comply strictly with these rules, also during Senior Bond activities.

In addition the Senior Bond Committee and the current Residence Committee must submit the following information to Prof. Verschoor before the reopening of the UFS for the second semester :
- The current orientation practices with regard to first-year students.
- Proposals on how the practices can be adjusted to render them enforceable within humane, reasonable, fair and humanitarian limits in order to implement and comply with the objectives of orientation, the exercising of control and the laying down of rules.

The compensating fine that was levied against the tuition fees accounts of senior students of Armentum, which would have been used to contribute to the medical costs of Alex Marais, is now cancelled.

This settlement is final and the parties will not lay any claims against each other as a result of this incident in future.

Media Release:
Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
Email: radebemt.stg@ufs.ac.za
29 May 2009

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