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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

Open Day attracts thousands

2012-05-02

Campus was abuzz with prospective students and their parents finding out what Kovsies has to offer.
Photo: Kaleidoscope Studios
1 May 2012

“It is easier to pass Grade 12 today because we don’t have a standard. However, at the University of the Free State, standards are important.”

This was Prof. Jonathan Jansen, Vice-Chancellor and Rector of the UFS’ message when he addressed a packed Callie Human Centre on the Bloemfontein Campus during this year’s Open Day.

“This university is the jewel of the country. Here at Kovsies we take academic standards seriously. You must know who you are in a place where academic standards are extremely important. Anyone can obtain a degree, but here you can get more than a degree. You get an education,” he said to the more than 5 000 learners and parents from across the country.

“It is not only important that you study here in South Africa, but also in other countries. That is why our students study all over the world. You must think out of your comfort zone, have a big heart, achieve great heights and show everyone that you are a Kovsie.

But, it is not all about studying – it is also about being human and reaching out to others. When you come to this university, you will also do other things that will make you proud of being a Kovsie.

Quality looks for quality. Therefore, work hard and study hard because you need to be at a good university,” he said.

The programme consisted of, among others, a spectacular laser show, a performance by Bobby van Jaarsveld and special messages from DW Bester and Sannah Mokone, Rhodes Scholars currently studying at Oxford University in the United Kingdom.

In a pre-recorded message DW, a Ph.D. student in Mathematical Statistics, encouraged prospective students to work hard and persevere. Sannah, doing a Master’s degree in African Studies, said she believes in the future of the African continent. “I believe in our future students and know you can make it.”

Prof. Jansen also introduced some of the university’s recent student achievers such as Jurie Swart, regional winner of the Corobrik Architectural Student of the Year Award; Farzana Samuel, named by the Association of South African Quantity Surveyors (ASAQS) as the most outstanding student in quantity surveying for 2012; and Sibusiso Tshabalala, one of Google’s Top 10 Young Minds.

Richard Chemaly, President of the Central Student Representative Council (CSRC), said that, by coming to Kovsies, prospective students would become the best person they can be. “We have over 70 student organisations to help you take part in student life activities. So, make use of these opportunities,” he said.

The programme concluded with an introduction to the seven faculties by the respective deans.

The estimated 7 000 prospective students and their parents also had the opportunity to visit faculties and the stalls of residences.

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