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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 presents first Beyers Naudé Memorial lecture

2010-09-16

At the Beyers Naudé Memorial lecture were, from the left: Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS; Rev. Cedric Mayson; and Mr Kgotso Schoeman, Chief Executive Officer of Kagiso Trust.
Photo: Dries Myburg

The seventh Beyers Naudé Memorial lecture was presented for the first time at the University of the Free State (UFS) this week. This lecture that is presented at a different university each year took place on the Main Campus of the UFS in Bloemfontein this year. Rev. Cedrick Mayson presented the lecture with under the theme: Crafting a legacy.

According to Rev. Mayson more deeply rooted forms of suppression came forward after the democratic elections in 1994. Liberation from apartheid was, according to Mason, very superficial. The poor were still severely suppressed at economic, political, cultural, religious and environmental level. “We have to apply Beyers Naudé’s legacy of liberation in these areas,” Rev. Mayson declared.

“The system according to which the rich become wealthier and the poor become poorer must be replaced by a system where everybody can have enough. This is only possible with the insight of the oppressed.

“The government and the opposition are dominated by people who seek advantage for their own gain. Regardless of democratic slogans and some enlightened individuals’ rules against corruption and violence, we lack the political will to engage in the transformation of the whole world for the good of all earthlings,” said Rev. Mayson.

According to him, consumer culture has become a fine-tuned instrument for keeping people incomplete, shallow and dehumanised.

“Religions are self-centred. Leaders from most of the religious groupings criticised apartheid but they never joined the struggle to assist in demolishing apartheid. It appears as if religious institutions are not able to address the causes of poverty because they themselves are too rich and too powerful,” said Rev. Mayson.

He ended with the following words: “What we need is a leap of faith. Beyers knew that. The world is waiting for people to claim their legacy and to accomplish a post-religious secular spirituality of ubuntu.”

Rev. Mayson is a former Head of Religious Affairs of the ANC. He had also been a former staff member of the Christian Institute before it was banned. Furthermore, he was the Editor of Pro Veritate. Before he retired, he had also been involved in the South African Council of Churches and the World Conference for Peace.

The memorial lecture, a collaborative effort of the UFS and Kagiso Trust, endeavours to involve South Africans in dialogue about issues that affect our nation. This year the lecture was presented at the UFS for the first time and it will take place on the Qwaqwa Campus of the UFS next year.

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

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