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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

Our Abe Bailey scholars are packing for the UK

2011-08-16

Nida Jooste and Ryan Lamb
Photo: Earl Coetzee

Academic excellence and strong leadership has become synonymous with our university, as our two Rhodes scholars for 2011, and the recent announcement of our two Abe Bailey scholars from the UFS have shown.

Nida Jooste and Ryan Lamb are two of the proud recipients of Abe Bailey Travel Bursaries and will be heading off to the United Kingdom on 26 August 2011, to visit several universities in England and Scotland. These two were chosen from hundreds of UFS applicants and will join Abe Bailey bursary holders from the rest of the country.

Both students are academic achievers, but also excel in other fields. This is what set them apart from the rest of the applicants for the bursaries.

Ryan (23), a Medical Physics honours student at our Faculty of Health Sciences, received the Senate Medal for the best bachelor’s degree student at the UFS. He was one of a hundred students at the Brightest Young Minds Summit this year and was one of the 2008 delegates to the World Youth Forum, hosted by the International Association for Poetry and Solidarity in Italy.

This young man is the founder of a group called Poets Anonymous, which provides a platform where poets, artists and dancers in Bloemfontein can express themselves.

Nida (21) is a very familiar face on our Bloemfontein Campus, as she served as the Deputy Chairperson of the Interim Student Council for the past year.

This fourth-year LL.B. student says she has known about the Abe Bailey bursary since her first year, but had to wait to apply, since the scholarship is only open to final-year students and junior lecturers. She applied last year, but did not even make it to the short list for candidates.

“I realise now that I was not involved enough then. Luckily I became much more involved in campus activities during the past year and also improved my academic performance greatly,” she says.

Nida and Ryan both hope to use the opportunity to learn new approaches to solving problems. Ryan says he is looking forward to the opportunity to network with other bursary holders and to share experiences with them, before returning to the UFS to implement what he had learned.

Nida says she also hopes to see how universities in First-World Countries operate, in order to apply that knowledge when she returns to the UFS.

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