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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

Art on Disasters to heal communities

2014-05-27

Fadzai Nyamusamba showing interest in the work: "Working on fire". This artwork was painted and donated by Mariette Pretorius, a professional artist from Bloemfontein. This art piece will be displayed at the South African National Disaster Management Centre in Pretoria.
Photo: Supplied

The Disaster Management Training and Education Centre for Africa (DiMTEC) at our university, recently launched its Art on Disasters initiative at the Gallery on Leviseur in Bloemfontein.

Disasters have a devastating effect on societies and are accompanied by fear, uncertainties and often post-traumatic stress disorders. The creative arts have the ability to comfort survivors and those affected by tragedy. Amid disaster, art serves as a memorial, aids in the healing process and helps these communities to interpret their emotions.

This is precisely the main focus of the Art on Disasters project. It aims to develop paintings, sculptures, dramas, theatre productions, poetry and music in collaboration with artists. These productions will then be presented to communities at risk of, or affected by, disasters, to create awareness and foster healing.

Furthermore, the initiative will conduct research on art as a form of therapy and co-ordinate rehabilitation experts to assist the relevant communities. The artworks collected by the project, will be sold or auctioned to help raise funds. The proceeds will then be donated to a worthy cause as part of DiMTEC’s commitment to community service.

The project will help console and heal communities and aspire to generate greater resilience to trauma. It will also give humanitarian workers the opportunity to advocate for disaster risk reduction and offer them an opportunity for psychological debriefing after attending to affected communities.

“We will collect different categories of art related to all forms of disasters. These include paintings, photography, sculptures, poetry, music, theatre productions and short stories,” said Dr Andries Jordaan, Director of DiMTEC. “Stephanie Peters, Thomas Hart Benton, Tania Kovats and Medhi Naimi are just a few of the many artists that paint on man-made and natural disasters. They are artists that believe in art therapy as a form of self-expression, well-being and recovery,” he added.

For more information about this initiative, or to possibly contribute as an artist, please contact Olivia Kunguma from DiMTEC on +27(0)51 401 9699 or kungumao@ufs.ac.za .

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