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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 seals cooperation with National Institute for Higher Education

2006-03-20

At the signing of the agreement were seated from the left Prof Magda Fourie (Vice-Rector: Academic Planning at the UFS) and Dr Pearl Nkosi (Head: Academic Planning at the NIHE). Standing from the left were Dr Kopano Taole (acting head of the NIHE) and Mr Vernon Collett (Registrar: Academic Student Services at the UFS).
Photo: Stephen Collett

UFS seals cooperation with National Institute for Higher Education

A formal memorandum of understanding was recently signed between the University of the Free State (UFS) and the National Institute for Higher Education in the Northern Cape (NIHE).

The memorandum was signed to give both institutions a clear understanding of the way in which collaborative programmes should be implemented.

“Although the UFS has been presenting two bachelors degree courses (i.e. B Soc Sc in Human and Societal Dynamics and B Com in General Management) and the Career Preparation Programme at the NIHE since 2003, the cooperative agreement was never formalised,” explained Prof Magda Fourie, Vice-Rector: Academic Planning at the UFS, during the signing ceremony.

These academic programmes, presented by facilitators living in Kimberley and lecturers from the UFS, serve 270 students and the entry requirements of the programmes are determined by the UFS.

Prof Fourie said the UFS had a history of a relationship with the NIHE. The partnership should be seen as an example of how two institutions of higher learning can work together to serve the needs of the students in the region.

“The memorandum of understanding is part of the UFS’s commitment to and engagement with the central region. As the NIHE is currently operating in a policy vacuum, the memorandum is underpinned by certain principles aimed at providing some parameters within which the relationship is established and developed,” she said.

Dr Kopano Taole, acting head of the NIHE, added to this by saying that the understanding of where the NIHE wants to take the partnership is now reflected in the memorandum of understanding.

“The memorandum is the culmination of many years of hard work and of helping the people of the region. The continued input and guidance of the UFS is of tremendous help to us and through this we gained a greater sense of what the NIHE can grow to be,” he said.

The NIHE is a joint initiative of the BHP Billiton Development Trust (BBDT) and the Northern Cape Provincial Government and was established in June 2004. The National Plan for Higher Eduation (NPHE 2001) proposed the establishment of the NIHE in the Northern Cape to serve as the administrative and governance hub for ensuring the coherent provision of higher education through programme collaboration between the higher education institutions operating in the Northern Cape.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
20 March 2006

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