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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 awards honorary doctorate to Archbishop Emeritus Desmond Tutu

2011-01-01

Archbishop Emeritus Desmond Tutu

The University of the Free State (UFS) will reach a milestone in its history today when an honorary degree, the Doctor of Theology, will be conferred on Archbishop Emeritus Desmond Tutu.

At the same event Archbishop Tutu will launch the university’s International Institute for Studies in Race, Reconciliation and Social Justice.

The idea of the establishment of such an institute originated after the Reitz incident in 2008. In 2009, during his official inauguration, Prof. Jonathan Jansen, Vice-Chancellor and Rector, embodied this idea when he stated that the university would be an example of a place where reconciliation, forgiveness and social justice would not only be studied, but where it would also be applied in practice. “Students and scholars from across the world will come to the UFS to study the theory and practice about the building of societies across the boundaries of race, as well as religion, gender, disabilities and national origin,” Prof. Jansen said.

“The institute is a critical intellectual space where engaged scholarship, public discussion, community engagement and contextually relevant teaching are innovatively harnessed towards exploring and finding solutions to the complex and challenging work of social transformation in South Africa,” says Mr John Samuel, Interim Director of the institute. Mr Samuel was the former Chief Executive Officer of the Nelson Mandela Foundation.

According to Mr Samuel, the institute seeks to establish itself as a premier international site for research on race, reconciliation and social justice. “We want to link the manifestations of race in higher education, to the related matters of reconciliation and social justice in the South African context against the backdrop of racial and ethnic conflicts elsewhere in the world,” says Mr Samuel.

The institute will, amongst others, publish groundbreaking research, organise national and international conferences about reconciliation and social justice, as well as contribute to the establishment of national and international networks that are actively involved in matters relating to race, reconciliation and social justice. Through its research, the institute will endeavour to understand the challenges facing the UFS better, as well as how to address these challenges. For this reason, the concept of the UFS as a “live laboratory” and the use of evidence-based practice remain important for the university.

By honouring Dr Tutu, the UFS recognises the contribution that Dr Tutu has made in the field of Theology through his teachings and the books he has written. However, the UFS is not only honouring him as a moral and religious leader who has maintained his integrity as a Christian. “We honour a great son of South Africa who has made a huge contribution to peace, reconciliation and justice in South Africa and in the world,” says Prof. Jansen.

The unveiling of the new corporative brand of the UFS will render further lustre to the day.

Media Release
17 January 2011
Issued by: Lacea Loader
Director: Strategic Communication (actg)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: news@ufs.ac.za

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