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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

Eugene de Kock, FW de Klerk and forgiveness – Prof Gobodo-Madikizela’s take on gestures of reconciliation

2015-02-06

What Prof Pumla Gobodo-Madikizela, Senior Research Professor in Trauma, Forgiveness and Reconciliation Studies at the University of the Free State, found over the years talking to Eugene de Kock, was a man tortured by his past. By the deeds he has committed.

“As a result he was confronting these – not as a cog in a machine – but as a person who actually did the deed himself,” Prof Gobodo-Madikizela said during an interview [https://soundcloud.com/primediabroadcasting/dr-gobodo-on-de-kock-parole] with Pippa Hudson on Cape Talk. A man taking personal responsibility.

Against the backdrop of De Kock recently granted parole, what, then, is the nature of forgiveness?

“Often people think when they forgive, you forgive and forget. That’s not the point,” Prof Gobodo-Madikizela says. “Forgiving, in fact, I found is the wrong word. We are using forgiveness for a range of responses. What I find useful in this kind of work is to think about how people change, how people are transformed. In other words, to think about our empathic connection to people who are our former enemies.” In other words: to reach a place where both parties can see each other as fellow human beings. “Somehow when a person expresses remorse – in the way Eugene de Kock has done – it opens a door for the different kinds of relationships to that traumatic past,” Prof Gobodo-Madikizela says.

In an article for the Sunday Times, Prof Gobodo-Madikizela refers to the motion to immortalise F W de Klerk by renaming Table Bay Boulevard after him. In this piece, she clearly points out that De Klerk is not without blood on his hands. She agrees with Mayor Patricia de Lille’s support of this tribute to De Klerk, though, when De Lille refers to ‘the spirit of reconciliation that Tata Madiba believed in’.

Justice Minister Michael Masutha – who granted De Kock parole – and De Lille “are right in evoking the memory of Nelson Mandela through these important gestures of reconciliation,” Prof Gobodo-Madikizela remarks. The need to return to Nelson Mandela’s vision, she adds, remains urgent.

Read Prof Gobodo-Madikizela’s full article, published in the Sunday Times, here.
For Prof Gobodo-Madikizela’s response to Eugene de Kock, FW de Klerk and reconciliation, read here.

For more information or enquiries contact news@ufs.ac.za

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