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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

New security measures for Rag fundraising

2012-01-25

The University of the Free State will no longer allow first-year students to sell Ritsems or to shake their cans for change at traffic robots in Bloemfontein in an effort to raise funds for Rag Community Service.

This decision follows after an evaluation has been done in 2011 and 2012 concerning the safety risk for students during this type of sales at road crossings.

The new security measures have specifically been implemented for this type of sales since last year.

The measures included, among others, that students should be obliged to wear brightly coloured safety jackets during sales, continuous supervision of first-year students by senior students to ensure that students keep to the rules of the road, and limiting the sales hours at robots.

Through notices in the media, an appeal was made on motorists to keep a lookout for students raising money for Rag Community Service. The measures were implemented and the effects thereof for students’ safety during sales at robots monitored since last year. This follows after a student, Ms Hanje Pistorius, was hit by a reckless driver in 2010 and she subsequently lost her leg as a result of the accident.

Although, from all appearances, the new measures are a positive contribution to protect students even more, the UFS decided to abolish the sales and fund-raising actions at traffic robots. As reckless drivers would not necessarily take notice of the extra measures, the risk to students at robots stay unchanged.

"The UFS sets the safety of its students as first priority and considers it in the best interest of students to not expose first-years to the risk during our Rag programme,” says Mr Rudi Buys, Dean: Student Affairs at the UFS.

Night fund-raising and the selling of Ritsem in the city’s suburbs will, however, continue.

Although the UFS do not expect the new measures to be detrimental to fund-raising efforts, Rag Community Service currently considers new supporting proposals for the raising of funds for community projects in order to address any possible reduction in funds.

Mr Buys also has an agreement with Ms Pistorius to assist Rag Community Services in the planning of new projects.

The Night fund-raising in suburbs will take place on Tuesday 24 January and Thursday 26 January and the UFS calls on residents to assist students and help them in the important task at hand.

Three Rag processions will take place on Saturday 28 January 2012. At 10:00 two Rag procession will be leave for Heidedal and Mangaung, where the Kovsie Rag Community Service will hand out food parcels.

The main Rag Procession will leave the UFS at 18:00 and will move towards the Old Greys sports ground for the Rag concert with Die Heuwels Fantasties and DJ Black Coffee.

Media Release
25 January 2012
Issued by: Lacea Loader
Director: Strategic Communication
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: news@ufs.ac.za

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