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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

Honorary doctorate to Archbishop Emeritus Desmond Tutu attracts wide attention

2011-01-27

Archbishop Emeritus Desmond Tutu after receiving his honorary doctorate in Theology at the UFS.
- Photo: Hannes Pieterse

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The University of the Free State (UFS) awarded an honorary doctorate to Archbishop Emeritus Desmond Tutu on Thursday, 27 January 2011. The graduation ceremony, which was attended by guests from across the country marks a milestone in the history of the university.

Amongst the guests were the ambassador of the USA to South Africa, Mr Donald Gips; the British High Commissioner to South Africa, Dr Nicola Brewer; members of the local government; Ms Barbara Hogan, former Minister of Public Works and the daughters of Bram Fischer, Ruth Fischer-Rice and Ilse Fischer-Wilson. Friends of Dr Tutu, Dr Ahmed Kathrada, Ms Barbara Hogan and Dr Allan and Ms Elna Boesak also attended the occasion.

The UFS also received a message of congratulations from the Deputy President of South Africa, Mr Kgalema Motlanthe. “The choice to honour this exemplar of virtue to which most of the world still look for direction as it buckles under social, political and economic difficulties is laudable in all respects,” he said.

Prof. Jonathan Jansen, Vice-Chancellor and Rector of the UFS, said: “We honour a great son of South Africa who made a tremendous contribution to peace, reconciliation and justice in South Africa and in the world.

“There were times when few of us thought apartheid would end in our lifetime, yet you stood as a rock reassuring us, not about a black future, but about our common future. For this reason, Arch, we would not miss this opportunity to honour you for any reason whatsoever.

“You, Sir, are a Jew among Muslims, a Christian among Hindus, a Catholic among Anglicans, a bridge-builder among all of us. That is why we love you; because you look deeper and see further than all of us.”

According to Prof. Francois Tolmie, Dean of the UFS’s Faculty of Theology, the university honours Dr Tutu for his contribution as theologian – through his teaching and the books he wrote – as well as for the role he played in bringing about reconciliation in South Africa as well as in the rest of the world. The university also honours Dr Tutu as a moral and spiritual leader who never sacrificed his integrity as a Christian.

Apart from being a church leader and a leading world figure, Dr Tutu is the author of several books and also held a number of teaching posts at various tertiary institutions.

In 1984, he received the Nobel Peace Prize for his role as a unifying leader figure in the campaign to abolish apartheid in South Africa. A further highlight in his career was his election as Archbishop of Cape Town in 1986. He was the first black African to serve in this position, which placed him at the head of the Anglican Church in South Africa.

Many South Africans also remember the role he played when President Nelson Mandela appointed him in December 1995 to chair the Truth and Reconciliation Commission, which was established to investigate human rights violations during the apartheid era. The Archbishop guided the nation in the process of choosing forgiveness over revenge and in so doing set a historic international precedent.

In 1996, he retired as Archbishop of Cape Town but continues to speak out in favour of human rights, equality and social justice in South Africa and throughout the world.

In August 2009, President Barack Obama presented him with the Medal of Freedom, the United States of America’s highest civilian honour. Dr Desmond Tutu is recognised around the world as a moral leader committed to the human rights of all people.

Today he is chairman of The Elders, a group of world leaders who, in view of their integrity and leadership, are equipped to deal with some of the world’s most pressing problems.

Prof. Tolmie says: “It is often asked how Dr Tutu could have achieved all this in the span of one lifetime. Some people would refer to his warm personality or his humanness, his deep sense of humility or his wonderful sense of humour. Probing a little deeper, however, one is struck by Dr Tutu’s deep relationship with God. He is known as a man of faith, a man of prayer. He lives his life coram Deo, in the presence of God.”

Dr Tutu also lead the introduction ceremony of the UFS’s International Institute for Studies in Race, Reconciliation and Social Justice.

Media Release
27 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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