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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

Qwaqwa Campus launches No Student Hungry Programme

2013-05-02

Samkelo Duma (white shirt) flanked by some of the guests during the launch of the NSH Programme on the Qwaqwa Campus.
Photo: Thabo Kessah
02 May 2013

The Qwaqwa Campus of the University of the Free State launched the No Student Hungry (NSH) Programme on Friday 26 April 2013. The programme aims to provide needy students with a daily balanced meal to enable them to concentrate in class and ultimately obtain their degrees. The programme – initiated by Vice-Chancellor and Rector Prof Jonathan Jansen in 2011 on the Bloemfontein Campus – already feeds hundreds of students.

Rudi Buys, Dean of Student Affairs who represented the Rectorate, encouraged students in need to focus more on their desire for greatness.

“Through this programme, you will be able you to shift your focus from the hunger pangs and rather focus all your energy on the hunger to make Africa great,” said Buys. “We want you to be different from the rest of your generation that is reluctant to compete for greatness. Many of your peers prefer mediocrity and it is our wish that through this programme, you can start learning to compete with the best,” Buys impelled.

According to the Qwaqwa Campus programme co-coordinator, Selloane Phoofolo, NSH operates on a primary and a secondary level.

“The primary level offers a food bursary to the students whose academic performance is above 65 percent and not receiving any form of financial assistance. For the 2013 academic year, we had 53 students applying and 31 have qualified. They are getting a meal for R25.00 a day at the Dining Hall,” said Phoofolo.

She further explained that, “On the secondary level, we provide monthly food parcels to 19 students who did not qualify for the food bursary. These food parcels are donated by Pick n Pay and Stop Hunger Now SA. For this, beneficiaries must undertake 40 hours of community service during the year. They must also partake in student activities. Their academic progress is monitored by the Office of Social Work.”

One of the beneficiaries, a final-year BA degree student Samkelo Duma, expressed his gratitude towards the UFS for giving him an equal opportunity to those in more fortunate situations to do his best in his studies. “It is difficult to study and concentrate on an empty stomach and I must say that the NSH is very helpful. I do not just get a meal, but I get a healthy meal to keep me going throughout the tough day,” Duma said.

Also present at the launch were the patrons of the programme, Ms Grace Jansen and Dr Carin Buys. They volunteer their time and energy to raise funds for the project.

Students apply for the allowances and are selected on the basis of financial need, academic results, active participation in student life programmes and commitment to give something back to the community.

You can also invest in these students' future by contributing R10.00 each time you sms the word 'Answer' to 38722.

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