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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

UFS can lead SA in race relations - Ramphele

2010-08-06

Pictured are: Dr Boesak and Dr Ramphele
Photo: Mangaliso Radebe

The University of the Free State (UFS) could well be a perfect model of excellence in race relations that the whole of South Africa could emulate.

This was said by Dr Mamphela Ramphele, the first African to be a Managing Director of the World Bank, during the Anti-Racism Network in Higher Education (ARNHE) Colloquium held at the UFS recently.

“Healing circles need to be constructed on this campus to address issues raised by the Reitz incident,” she said.

“You might yet be the pioneer of what needs to happen on a nation-wide level.

“Can we confidently commit today to go on this quest for a true humanity and walk together as fellow citizens and strive for a more human face for our society? That is our challenge. That is what the UFS is called to give leadership to.”

“It is this human face which has the power to liberate us from the body of death and strengthen us in our struggle for meaningful life together in South Africa,” added one of the main speakers, Dr Allan Boesak, a cleric and former anti-apartheid activist.

However, said Dr Ramphele, this could only be achieved if all South Africans, black and white, abandoned the fear for each other that was hindering, if not stalling, progress in this regard.

“Fear of each other is the most important impediment to the sustainability of our journey into a society united in our diversity,” she said.

“People in this country are afraid to stand up and be counted, including many vice-chancellors and clerics. They are afraid of being seen to be difficult, and that is a major problem. Fear is the most destructive emotion that you can have because it makes you really incompetent and unable to respond to challenges.”

She said the biggest impediment, though, to ending racism was denial. “White people deny vehemently that they are or have ever been racist,” she said.

“We need to go through a process of acknowledging our wounds and scars from our racist past and present missteps in public policy.”

“Instead of saying they are sorry, those who are conscious of their whiteness should rather say what they are sorry for,” said another main speaker, Prof. Dennis Francis, the Dean of the Faculty of Education at the UFS.

On the other hand, according to Dr Boesak, blacks were and still are, to a large extent, also to blame for their own ongoing oppression. “The key here was the acknowledgement of our sheepish timidity, our complicity,” he said.

The Chairperson of ARNHE, Prof. Norman Duncan, had this to say: “If we are to confront and eradicate racism in higher education institutions, we should not do so to create comfort zones for ourselves.”

The theme of this ARNHE Colloquium was Black consciousness and those conscious of their whiteness. It was presented by the International Institute for Studies in Race, Reconciliation and Social Justice at the UFS.

Media Release:
Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za
6 August 2010

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