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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 in forefront with ASGI-SA initiative

2006-05-10

At the conceptualisation colloquium and stakeholder dialogue were from the left Dr Aldo Stroebel (senior researcher at the UFS Research Development Directorate), Dr Edith Vries (acting Chief Executive Officer of the Independent Development Trust) and Prof Frans Swanepoel (Director: UFS Research Development Directorate).

UFS in forefront with ASGI-SA initiative

Two staff members of the University of the Free State (UFS) have been appointed as members of the advisory board of the national programme for the creation of small enterprises and jobs in the second economy. This programme forms part of government’s Accelerated and Shared Growth Initiative of South Africa (ASGI-SA).

Prof Frans Swanepoel, Director of the UFS Research Development Directorate and Dr Aldo Stroebel, senior researcher at the UFS Research Development Directorate, are working with a team of experts from the UFS on a draft implementation strategy for the national programme. Both Prof Swanepoel and Dr Stroebel are also associated to the UFS Centre for Sustainable Agriculture.

“The strategy is being developed in collaboration with institutions like the Independent Development Trust, the Department of Agriculture, the National Development Agency and the Department of Trade and Industry,” says Prof Swanepoel.

The other team members of the UFS are Prof Basie Wessels, Director of the Mangaung-University Community Partnership Programme (MUCPP) and Mr Benedict Mokoena, project manager at the MUCPP.

Dr Stroebel was also member of the organising committee of a conceptualisation colloquium and stakeholder dialogue that was recently presented in Johannesburg. The conference was attended by more than 400 delegates from government departments, higher-education institutions and civil society, including Dr Kobus Laubscher, member of the UFS Council.

The conference was facilitated by Ms Vuyo Mahlati, previously from the WK Kellogg Foundation’s Africa programme and opened by Ms Thoko Didiza, Minister of Agriculture and Land Affairs.

“The colloquium formed the basis of an induction workshop during which a group of 150 individuals (50 teams of three) from all nine provinces, identified to initiate the implementation of the national programme, was trained and orientated towards an induction manual in collaboration with Hand-in-Hand, an Indian counterpart,” says Prof Swanepoel.

Dr Stroebel and Mr Benedict Mokoena formed part of the team to conceptualise and finalise this training manual. The induction training includes a case study of a successful community self-help partnership model, namely the MUCPP at the UFS. Prof Wessels and Mr Mokoena are both playing a leading role in the further development of subsequent training initiatives throughout South Africa, in partnership with the relevant provincial departments.

“The involvement of the UFS in the programme is a compliment to us. It reflects the value government sees in the use of academics and experts in the management of the ASGI-SA initiative. It is also an indication of one of the aims of the UFS to play a role in South Africa and Africa and in the transformation and change that is taking place in our country,” says Prof Swanepoel.

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

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