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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 forms International Advisory Council

2010-11-09

The University of the Free State (UFS) has established an International Advisory Council (IAC) to advise the leadership of the university on its future positioning strategies, especially in relation to its international ambitions as a place of scholarship and service among the leading universities in the world.

The Council, constituted by Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS, consists of nine high-profile international experts with proven expertise, leadership, influence and experience.

“Since the appointment of Prof. Jansen, the leadership of the university has been revising and aligning several functions as part of a thrust to position the institution to meet 21st century national, regional and international challenges,” says Prof. Aldo Stroebel, Director of International Affairs at the UFS.

The appointment of the IAC is one of the strategies to advise and guide the UFS during the next phase of development and growth.

The university is fortunate to have attracted council members from various spheres of influence who can provide strategic guidance and bring cutting-edge expertise to bear on the policies, strategies and actions plans of the UFS. Among them are Prof. Brenda Gourley, former Vice-Chancellor of the University of Natal (now UKZN); Mr Gert Grobler, SA Ambassador to Japan; and Ms Phumzile Mlambo-Ncquka, Former Deputy-President of South Africa, and Executive Chairperson of the Umlambo Foundation.

The first meeting of the Council will take place from 10-13 November 2010. During this meeting the Council will advise the university leadership on the positioning of the UFS in a global knowledge economy; research excellence; excellence in the scholarship of teaching and learning; student engagement and transformation; and other strategic programmes of focus, including engaged scholarship.

The other Council members are:

- Prof. Joel Samoff: Professor of African Studies, Stanford University, USA (Chairperson)
- Prof Luc D’Haese: Chairperson: University International Committee and Advisor to the Rector, University of Antwerp, Belgium
- Prof. Masafumi Nagao: United Nations University and International Christian University, Japan
- Dr Uri Ofir: International Entrepreneur and Business Development Specialist, Scientech Inc., Switzerland
- Prof. Alice Pell: Vice-Provost International Affairs, Cornell University, USA
- Prof. Akilagpa Sawyerr: Former Secretary-General, Association of African Universities (AAU), Ghana

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

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