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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

University gets support to improve student success

2014-11-26

From the left are: Prof Francois Strydom (Director: Academic - Centre for Teaching and Learning at the UFS), Mr Rip Rapson (Chief Executive Officer, Kresge Foundation), Dr Marcus Ingram (UFS Director for Institutional Advancement) and Mr Bill Moses (Programme Director for the Kresge Foundation's Education Programme).
Photo: Hannes Pieterse

The Kresge Foundation has awarded $400 000 (about R4 million) to the University of the Free State (UFS) to increase student success through improved data analysis.

This four-year grant, as part of Kresge’s Siyaphumelela initiative, was recently announced by Mr Rip Rapson, Kresge’s President and Chief Executive Officer. This announcement was made at a symposium on South African higher education and philanthropy in Cape Town.

“Universities across South Africa are grappling with how to improve persistence and graduation rates for their black students in particular,” Mr Rapson said. “These universities will work together with the South African Institute for Distance Education to develop their data analytics capacity to find and share solutions and interventions based on solid information to improve student success.”

The UFS was only one of four universities receiving funding from Kresge. The other universities include the Nelson Mandela metropolitan University in Port Elizabeth, the University of the Witwatersrand in Johannesburg and the University of Pretoria.

The grants will help the universities build their capacities to use data to better integrate institutional research, information communication technology, academic development, student services and academic departments. Beyond the improvements sought for the UFS, Kresge hopes to see new approaches to data become mainstream for higher education in South Africa.

The Siyaphumelela initiative provides four years of institutional support and hope to create a community of practice that learns lessons that may benefit not only individual institutions and the cohort, but also potentially all of South African higher education.

Dr Lis Lange, Vice-Rector: Academic at the UFS, said improving student successes is a university goal that operates in the interface between the Human and Academic Projects of the university.

“We are delighted to be part of an initiative that is going to help us develop greater capability for data analytics and deeper integration between data and teaching and learning practices; and, at the same time, will bring the Centre for Teaching and Learning, the Directorate for Institutional Research and Academic Planning (DIRAP) and the faculties into a closer cooperation.”

Over the past four years donor income to the UFS increased considerably, both from governmental sources, trusts and foundations. By the end of 2013, governmental funding increased from about R5 million in 2011 to over R35 million. Funding by trusts and foundations increased from R5 million in 2011 to over R15 million in 2013. A general increase of 25% in funding is expected for 2014.

Dr Marcus Ingram, UFS Director for Institutional Advancement, says as the UFS begins to settle into a refined academic identity, the Department for Institutional Advancement intends to support these efforts by helping to facilitate the telling of a more integrated narrative to the university’s friends, prospects and donors.

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