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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 discontinues one Masters programme

2006-07-26

As from next year, the University of the Free State (UFS) will no longer offer one of its specialist master’s degrees in education – the M Ed in Education Management.

The other six M Ed programmes that are currently being offered at the UFS will continue as normal.

The decision to discontinue one of the M Ed programmes follows a national review of M Ed programmes in Educational Management and Leadership by the Higher Education Quality Committee (HEQC) of the Council on Higher Education (CHE).

Of the 23 tertiary institutions whose M Ed programmes in Educational Management and Leadership were reviewed by the HEQC, only 7 received full accreditation.

“The findings of the HEQC affect only one of our M Ed degree programmes, namely the M Ed in Educational Management,” said Prof Magda Fourie, Vice-Rector: Academic Planning at the UFS

“We will be paying full attention to the findings of the HEQC with a view to correcting some of the shortcomings that have been identified by the HEQC and will consider submitting a reviewed proposal for such a qualification in two years time,” she said.

According to Prof Fourie, the programme currently has 30 students enrolled. “These students – spread across their first and second years of the degree programme – will be allowed to complete their studies with the full support of the UFS and the School of Education,” said Prof Fourie.

“The qualification that has been awarded to students who have already completed their studies for this specific M Ed in Education Management degree programme remains a valid qualification and is not affected by the HEQC review,” said Prof Fourie.

She said the UFS welcomed the efforts of the HEQC to ensure that all academic programmes offered by higher education institutions meet certain standards.

“One of the primary problem areas in the M Ed in Educational Management offered by the UFS identified by the HEQC, was that the programme is too practice orientated and must be more theoretical to comply with the academic requirements of a master’s degree. This was a result of the fact that the programme was initially compiled in consultation with principals and the provincial Department of Education to address their needs,” said Prof Fourie.

“The UFS will in the mean time offer an advanced certificate in Educational Management and Leadership from next year. This is a new course that will stretch over a period of two years and will ensure that we can still address the needs of teachers and principals,” said Prof Fourie.

“The UFS remains committed to providing top quality degree programmes in all its six faculties and will continue to work with the HEQC in ensuring that this actually happens,” said Prof Fourie.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
25 July 2006

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