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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

Moshoeshoe's legacy lives on in university's project: City Press - 2 May 2004

2004-10-14

CITY PRESS 2 MAY 2004 P8

NEWS

JOHANNESBURG FINAL

Moshoeshoe's legacy lives on in university's project

MATEFU MOKOENA

DRUMS were beaten and the sounds of traditional songs reverberated through corridors of the University of the Free State (UFS) as Basotho students gathered at the campus over the weekend to launch a project honouring their late great king, Moshoeshoe.

The launch was organised by the Lesotho Students Association and UFS management and was blessed by King Letsie III of Lesotho.

According to UFS rector and vicechancellor, Professor Frederick Fourie, the aim of the project is to make the legacy of Moshoeshoe a living part of the university.

He said the Moshoeshoe project will include a television documentary on his life as well as an anthology of creative writings, including prose and poetry, about him.

A television documentary is already being filmed and will be screened during an international conference at UFS in October.

Fourie said the university, as part of the project, is looking at the possibility of starting an annual Moshoeshoe memorial lecture that will focus on African leadership, nationbuilding and reconciliation.

He said the university would introduce a PhD-level research course into the life and legacy of Moshoeshoe.

The university management has also taken a decision to erect a statue of Moshoeshoe on the campus.

Fourie said the project was launched after the UFS delegation, led by him, met Letsie III.

"He wanted us to ensure the legacy of Moshoeshoe is honoured and treated with the respect he deserves."

His legacy "must live on -- not only for the Basotho, but for all South Africans, black and white, and for the entire African continent", he said.

"Living out such a legacy is indeed a fitting contribution to the New Partnership for Africa's Development (Nepad) and to the maturing democracy that is being built here in South Africa," said Fourie.

He emphasised Moshoeshoe was and remains a model of African leadership.

Fourie said Moshoeshoe's diplomacy and commitment to peace put him on a par with former president Nelson Mandela as a statesman.

It is Fourie's dream that, through this project, the UFS will be able to give real meaning to words such as reconciliation, respect for the diversity of languages and cultures and the unity that is needed to build a democratic nation.

The Lesotho Students Association secretary, Sofonea Shale, said for an institution like the UFS to honour Moshoeshoe demonstrates that he was a great leader. "For Basotho students, the project is very significant as it clearly defines who we are and what we stand for.

"We believe the research into the legacy of our great king Moshoeshoe will open doors for more research into the life of Basotho in general.

"Africa as a whole can learn from his leadership style," he said.

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