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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

Alumni Voices heralds in festive season with Karl Jenkins production

2013-11-20

The Alumni Voices Chamber Choir, affiliated to the Alumni office of the University of the Free State, heralds in the festive season with a Christmas production with the Drakensberg Boys’ Choir.

Date: 23 and 24 November 2013
Time: 19:30 (23 November 2013)
16:00 (24 November 2013)
Venue: Odeion
Cost: R120

The production by the two choirs, under the direction of Leona Geldenhuys (Alumni Voices) and Johann van der Sandt (Drakensberg Boys’ Choir), is a compilation of new Christmas music by Karl Jenkins.

Two cycles, Stella Natalis, made up from new compositions, and Joy to the World, compiled from well-known traditional Christmas music, are combined in this production.

Stella Natalis (Star of Birth or Star of Origin) celebrates the different aspects of Christmas – Celebro – celebrations, Lullay – the sleeping child, Dona nobis pacem – message of peace, and Jubilate Deo – thanksgiving, forms part of the programme.

The part: JOY TO THE WORLD also includes traditional Christmas music. This fresh and vibrant arrangement of In dulci jubilo, Go Tell it on the Mountain, Silent Night, O Jesu so sweet, Son of Maria and The Virgin Mary had a Baby boy, all new arrangements by Karl Jenkins, promises to be an exciting experience.

This work, which conveys the Christmas message of peace, goodwill and compassion, as well as new beginnings, evokes a colour palette of sound filled with exciting musical inspiration.

The work was written for mixed choir, as well as for an optional choir suitable for children’s voices, trumpet soloist, keyboard, percussion and string ensemble.

The trumpet soloist is Paul Loeb van Zuilenburg, with Johan Cromhout as pianist. Members of the Free State Symphony Orchestra complete the picture.

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