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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 committed to a two-language model

2010-08-13

Prof. Jonathan Jansen

The University of the Free State (UFS) will continue to use a two-language model while it builds capacity for research and teaching in Sotho languages.

This was announced by the Rector and Vice-Chancellor of the UFS, Prof. Jonathan Jansen, when he delivered the 29th DF Malherbe Memorial Lecture on the Main Campus in Bloemfontein yesterday, on the topic: The politics and prospects of Afrikaans, and Afrikaans schools and universities.

“In the course of time black students will learn Afrikaans, white students will learn Sesotho, and all students will learn decent English,” he said.

“Classes will remain in English and Afrikaans, especially in the first years of study. Dual-medium classrooms will break down the racial isolation where outstanding university teachers are comfortable in both languages. Parallel-medium classes will exist where large numbers enable such a facility.”

He said schools and higher education institutions that continue to use language as an instrument of exclusion, rather than inclusion, would remain “culturally and linguistically impoverished”. He said the future of Afrikaans in these institutions lay in its inter-dependence and co-existence with other languages.

“A strong two-language model of education, whether in the form of double- or parallel-medium instruction within a racially integrated campus environment is the only way in which Afrikaans can and should flourish in a democratic South Africa,” he said.

“It is the only model that resolves two problems at the same time: the demand for racial equity, on the one hand, and the demand for language recognition, on the other hand.”

He said the idea of an exclusively Afrikaans university was a “dangerous” one.

“It will lock up white students in a largely uni-racial and uni-lingual environment, given that the participation rates in higher education for Afrikaans-speaking black students are and for a long time will remain very low,” he said.

“This will be a disaster for many Afrikaans-speaking students for it will mean that the closed circles of social, cultural and linguistic socialization will remain uninterrupted from family to school to university.

“Rather than prepare students for a global world marked by language flexibility and cultural diversity, students will remain locked into a sheltered racial environment at the very stage where most South African students first experience the liberation of the intellect and the broadening of opportunities for engaging with the world around them.

“The choice at the Afrikaans universities, therefore, must never be a choice between Afrikaans and English; it must be both.”

Download lecture

Media Release
Issued by: Lacea Loader
Director: Strategic Communication (actg)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl@ufs.ac.za
13 August 2010

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