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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 Council unanimously approves two senior appointments

2014-11-24

The Council of the University of the Free State (UFS) unanimously approved the appointment of Dr Lis Lange as Vice-Rector: Academic and Prof Sechaba Mahlomaholo as Dean: Education during its meeting on Friday 21 November 2014.

Dr Lis Lange is currently Acting Vice-Rector: Academic at the University of the Free State, where she holds a substantive position as Senior Director heading the Directorate for Institutional Research and Academic Planning (DIRAP). Prof Mahlomaholo is Head of the School of Mathematics, Natural Sciences and Technology Education at the UFS.

“These are two exceptional and trusted academics with international stature and I am delighted to welcome them as part of the senior leadership of the UFS. Dr Lange’s skills set pertaining to academic management and quality assurance make her one of only a few people with similar skills in the country, while Prof Mahlomaholo is a leading expert in community-based education,” says Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS.

Dr Lange joined the UFS in 2011. Before this, she was the Executive Director (2006-2010) of the Higher Education Quality Committee of the Council of Higher Education (CHE), and Acting CEO of the same organisation between August 2007 and April 2008. She has been involved in the development and implementation of science and technology and higher education policy in South Africa for a decade and a half, working in different capacities in the Human Sciences Research Council, the National Research Foundation and the Council on Higher Education. Dr Lange has served as a member of the board of the International Network of Quality Assurance Agencies in Higher Education (INQAAHE) and has participated in several international initiatives on quality assurance. She is the editor of an academic journal focused on the humanities, Acta Academica.

She has undertaken research and published in the fields of history, higher education and quality assurance. Her major concern in both research and practice is the role of higher education in the development of democratic societies, based on social justice. Dr Lange studied in Argentina, Mexico and South Africa, where she obtained a PhD in South African history from the University of the Witwatersrand.

Prof Mahlomaholo is a graduate of the Universities of the North, Western Cape and Harvard University in the United States. He is a National Research Foundation (NRF)-rated Professor of Education.

Before joining the UFS, he worked at six other universities where he was Deputy Dean in the Faculty of Education (UNIN-QwaQwa), Head of Professional Education (Vista University), Professor and Director of Research and Postgraduate Studies (MEDUNSA), Professor and Director of Curriculum Development (Central University of Technology), and Research Professor (North-West University).

His research interests lie in designing strategies mounted on Bricolage, Participatory Action Research and Critical Emancipatory Research as theoretical bases. He leads the NRF-sponsored project on the creation of Sustainable Learning Environments in schools. In this Participatory Action Research project, 28 PhD and 22 MEd students participate under the guidance of 15 academics. The project has relationships with the Global Network project (St Petersburg University), the Post-Colonial Education project (West Indies University) and the Discourse, Power, Resistance project (Plymouth University and now University of London). He has served as guest editor in the following ISI-indexed, peer-reviewed and accredited journals: the South African Journal of Higher Education (2010 and 2014), the South African Journal of Education (2011), Communitas (2012), the Journal of New Generation Sciences (2012), the Journal for Transdisciplinary Research in Southern Africa (2013) and the Journal of Education Studies (2013).

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