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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

Spring Graduation

2011-09-12

Our university will be awarding altogether 91 diplomas/certificates and 624 degrees during the Spring Graduation Ceremony on 14 and 15 September 2011. Of these, 23 doctorates and two honorary doctorates will also be awarded.

As with this year’s Autumn Graduation Ceremony, we will be making the ceremony more accessible to students and the public. Two appearances, in particular, can be looked forward to on this occasion: a national concert pianist in Grade 12 from Voortrekker High School in Bethlehem, Caryn Reed, and a continental debating champion and second-year student in our Faculty of Economic and Management Sciences, Sibusiso Tshabalala, as guest speaker.

All the master’s and doctoral degrees of the various faculties will once again be awarded during one ceremony on 15 September 2011.

Prof. Robert Frater, Emeritus Professor in Thoracic and Cardiovascular Surgery, and Emeritus Professor of Paediatrics, Albert Einstein College of Medicine and Montefiore Medical Centre, New York, will be receiving an honorary doctorate in Medical Science. As a teacher and trainer, Prof. Frater has influenced many surgeons in his training role in the wards, operating room and intensive care facility. Dr Akilagpa Sawyerr, an academic from Ghana, will be receiving an honorary doctorate in Education for groundbreaking work done on the African continent. Dr Sawyerr, who is a member of our International Advisory Council, has visiting appointments at prestigious universities, such as the famous Fletcher School of Law and Diplomacy at Tufts University. He also has visiting status at the Harvard Law School and the Yale Law School.

The full programme for the various ceremonies is:

Wednesday, 14 September 2011:

At 10:15, the degrees will be awarded to students of the Faculties of Humanities, Education, Law and Theology. Diplomas/certificates up until honours degrees will be awarded. This excludes the Certificate in Education, National Professional Diploma in Education and the Advanced Education Certificate.

At 15:15, degrees will be awarded to students in the Faculties of Economic and Management Sciences and Natural- and Agricultural Sciences and Health Sciences. Diplomas/Certificates up until honours degrees will be awarded.

Thursday, 15 September 2011:

At 10:15, a total of 125 master’s and doctoral degrees plus two honorary doctorates will be awarded by all the faculties in a joint ceremony.

The Chancellor’s Dinner will also take place on the same day.

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