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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

Three OSM students selected for the 2013 World Youth Symphony Orchestra

2013-01-25

Carmi Nel	Elsabe Raath
Maja van Dyk

25 January 2013

Three students from the University of the Free State’s Odeion School of Music (OSM) have proved their mettle. Carmi Viljoen (violin), Elsabé Raath (viola) and Maja van Dyk (viola), have been accepted into the prestigious World Youth Orchestra – an orchestra known worldwide for its quality and the prix de corps itadvances between nations.

Musica Europa, an Italian cultural association, founded the World Youth Orchestra (WYO) in its present guise in 2001. It has close ties with UNICEF and its mission is to combine music with social activities from cultures all over to world in order to enrich the cultural life of all.

Rigorous auditions are held which require applicants to upload video recordings onto a website (Vimeo). An international board of adjudicators subsequently listens to these recordings and select the best.The three OSM students were good enough to make the grade.

These three musicians are also members of the Free State Symphony Orchestra, as well as the MIAGI orchestra that toured Europe successfully last year. They are also outstanding chamber musicians. Carmi and Elsabé, as members of the Junior Odeion String Quartet, have shown that they are on par with international standards and have toured The Netherlands. In 2012, Maja van Dyk had been selected to perform as soloist with the National Youth String Orchestra under the baton of Swedish conductor and violinist, Fredrik Burstedt.

They first heard of the possibility of playing for the WYO through Anmari van der Westhuizen, lecturer at the OSM. Margarite Spies from the KZN Philharmonic Orchestra (KZNPO) had contacted her in search of worthy candidates. A scant three weeks later, they received the good news of their inclusion.

The orchestra, with representatives from five continents, will be touring South Africa this year and no less than nine South Africans have been included. The tour kicks off in Durban, followed by performances in East London, Plettenberg Bay, George, Knysna, Stellenbosch, with a grand finale in the Cape Town City Hall.

Works that will be performed include ‘’Romeo and Juliet’’ by Prokofiev, the irrepressible “Carnival Overture” by Dvorák, Barber’s ‘’Adagio for Strings’’ and part of Mahler’s majestic Fifth Symphony, all under the baton of the dynamic Josep Vicent.

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