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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 residences open on Bloemfontein Campus

2013-01-21

Photo: Johan Roux
21 January 2013

Beginning 2013, the Bloemfontein Campus is seeing the opening of two new residences where male and female students will be housed under one roof but in separate units. Each residence will house 250 students.

House ConLaurês and House Outeniqua were opened for their first-years and Residence Committee (RC) on Friday 18 January 2013. The two newly Residence Heads, Mr Frank Makhabane (ConLaurês) and Mrs Leani Wimble (Outeniqua) welcomed the new residents.

The uniqueness of these residences is that they will be the first co-ed residences on campus. These residences are wheel chair friendly with fully equipped disabled rooms available. All signage has also been done in Braille. Each floor of the new residences has two lounges, as well as a fully fitted kitchen.

The Prime of House ConLaurês, Sherilyn Roelofse, says, “We aim to create a living space that is holistic and welcoming and will allow our residence members to be able to excel in a number of things”. Sherilyn says ConLaurês comes from the word “Condo Laurus”, which means dreams of victory. The House’s slogan is “The Symphony of Dreams”. Students came up with the name for the residence.

Tsatsi Mokoena, RC member responsible for RAG at House ConLaurês says RC members have been working hard for the past few months, trying to imagine how to do things without a physical structure. ConLaurês will be a residence with an inspirational living space where each student feels welcome, respected for who they are and at home, so that they will have the confidence to follow their dreams.”

The Prime of Outeniqua, Vusumzi Mesatywa says, “Change is always welcome and that is the mindset that we will be embracing as the new residences. When a student graduates, we need them to graduate not only as academics, but also as humans, holistic beings”.

Marla Stanier, RC First-Year Mentor at Outeniqua, says that new experiences await every student that walks through the doors of the residence. “As excited as we are, this new experience will test us in many ways.However, if we stand together as one, we will succeed.”

Mr Quintin Koetaan, Director of Housing and Residence Affairs, says, “The opening of ConLaurês and Outeniqua is a dream come true, providing accommodation for a new generation of students in the 21st Century”.

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