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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 medical students reach out to the community

2011-04-16

The smiles on the children at Beyang Bana Pele Creche in Mangaung were blindingly bright, after their new classrooms and playground were unveiled on Friday 15 April. The creche was renovated by a group of third-year medical students from the UFS.
Photo: Earl Coetzee

A group of third-year medical students from the University of the Free State was responsible for many smiling little faces when they unveiled a entirely renovated crèche to its little students on Friday, 15 April.

Reinhardt Erasmus, Fathima Vawda, Veneshree Govender, Antoi Roets, Riaan Calitz, Motlalepula Mabizela, Tertius Potgieter and Chanel van der Westhuizen were the students responsible for the massive renovation work that went into the Beyang Bana Pele Creché in Mangaung.

The students tackled the project as part of a community service project and ensured that the 30 children who attend the crèche can look forward to coming to a safe healthy environment every day.

According to Riaan Calitz, they started the project at the beginning of the year by doing a needs analysis and talking to the children’s parents and teachers. They also involved the aid of an architect and quantity surveyor to calculate the needs of the crèche.

Next, they had to search for sponsors for their work, and struck it lucky when the Windmill Casino agreed to donate R100 000 to their project. They also managed to raise a further R5 000 as well as approximately R50 000 in goods and services donated by various other companies.

This money was enough to improve the safety at the crèche, install safe gas equipment in the kitchen, improve the insulation to ensure a warm winter, install new playground equipment and host several health and safety workshops.

“It took a lot of late nights and early mornings,” Calitz said. “Some of us also had to return from our holiday early, but it was worth it.”

He says the gratitude from the school’s children and teachers, as well as community members, who would stop and thank them for their help while they were busy working, makes it all worthwhile.

The students plan to stay involved with the crèche and say the renovation plan was drafted in such a way that when they move along, another group can simply pick up from their work with ease.

Mrs Sarah Mothoana, the crèche matron, thanked the students as well as everyone who assisted them in “creating a wonderful, safe and healthy environment for the children.”

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