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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

Qwaqwa Campus’s Teaching and Learning Champs scoop up award

2014-10-24

Dr Elize Smuts (right) proudly displaying the UFS Vice-Chancellor’s Team Award. Equally ecstatic, is Qwaqwa Campus’s CTL Manager, Fred Mudavanhu.
Photo: Thabo Kessah

Action research to improve classroom practice and student success rates, recently received a boost when the Qwaqwa Campus’s Teaching and Learning (TL) Champions were honoured with the prestigious UFS Vice-Chancellor’s Team Award. The award was in recognition of the team’s efforts to enhance professional development and was accompanied by a R50 000 prize that will be utilised to further encourage and develop a scholarly culture on the Qwaqwa Campus.

“An active learning community has developed over the past four years, which led to the creation of a scholarly forum for sharing problems, experiences and new knowledge”, revealed Dr Elize Smuts, who has been the pillar of strength in the development of TL Champs.

“This”, Dr Smuts said, “has continuously motivated the group to persevere in challenging and often under-resourced circumstances.”

“Over a four-year period, 44 projects were undertaken, many with great success. Thirteen scholars participated in a pilot of CLASSE (Classroom Assessment of Student Engagement) in 2013. This survey, contextualised by staff from the Centre for Teaching and Learning, was a first in South Africa,” said Dr Smuts.

“The team undertook extensive literature reviews and attended numerous workshops on principles and practices of good teaching, research and writing. The two summarising booklets they prepared from two publications (How Learning Works: 7 Research-based Principles for Smart Teaching and Student Engagement Techniques) in 2013, will serve as guides and inspiration for the larger academic community of the UFS for many years.”

Since the formation of this team, TL scholars have presented 25 papers at 12 national and two international conferences.

“Taking into consideration that it is not easy to get an abstract accepted for presentation, these are impressive achievements,” Dr Smuts said.

“Some of the immediate results of scholars engaged in this project, include improved student success rates averaging 20% compared to only 8% improvement by academics who are not part of the project.”

“In 2013, one TL scholar reported student success rates that increased by 29%; another reported 80% on average; and another reported an increase from 65% to 95% in a class bigger than previous years.”

In congratulating the team, Centre for Teaching and Learning’s (CTL) Prof Annette Wilkinson said that she was very proud of the team.

“The team’s dedication and growth in scholarly practice – amidst challenging circumstances – are in my mind, the outstanding features of the project. I am very proud of the entire team”, said Prof Wilkinson.

The two presentations at international conferences were delivered by Ms Lea Koenig at the 32nd Annual Conference on the First-Year-Experience in Orlando, Florida and by Dr Elize Smuts in North Carolina. Both of these were presented in 2013.

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