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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

UFS staff to get a minimum of 4,71 percent salary increase

2005-11-25

The University of the Free State (UFS) management and trade unions have agreed on a minimum of 4,71 percent salary increase for 2006 as well as a once-off non-pensionable bonus of R1200 payable in December 2005.

The agreement was signed today by representatives of the UFS management and the trade unions, UVPERSU and NEHAWU, in Bloemfontein.

Prof Niel Viljoen, Chief Director: Operations at the UFS and chairperson of the UFS Council’s representatives, and Prof Johan Grobbelaar, chairperson of the joint Union Forum, said: “The bonus is payable in December 2005 in recognition of the role that staff played during the year to promote the UFS as a university of excellence.”

He said the intention is to pass the maximum benefit possible on to staff without exceeding the limits of financial sustainability of the institution.
For this reason the negotiating parties reaffirmed their commitment to the Multiple-year Income-related Remuneration Improvement Model used as a framework for negotiations.

Proff Viljoen and Prof Grobbelaar said one of the factors that influence the model and therefore the negotiations is the level of subsidy the UFS receives from the government.

“As the state subsidy level is unfortunately not yet known, remuneration could vary several percentage points between a window of 4,71 and 5,5 percent. Should the state subsidy be such that the increase would fall outside this window then the parties will renegotiate.”

Proff Viljoen and Prof Grobbelaar said the R1200 bonus is payable to staff members who were in the employ of the UFS on UFS conditions of service on 21 November 2005 and who assumed duties before 1 October 2005. There are however some exceptions.

The agreement signed today also provides for restructuring funds of R752 000 to address partial backlogs in support services, including an increase in the medical allowance of 640 staff members.

The implementation date for the salary adjustment is 1 January 2006, but could be implemented on a later date due to logistical arrangements.

Proff Viljoen and Prof Grobbelaar said the UFS and unions could reach an agreement despite the declining phase in income and the generally more difficult financial environment in which universities operate.

Prof Grobbelaar said salary negotiations are never easy, but the model is an important tool. The model made it possible to tie up salary negotiations for November 2006. “This is unique for any higher education institution.”

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
24 November 2005

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