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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

Pansalb’s Language Rights Monitor Project launched at the UFS

2007-01-25


Attending the launch of the Language Rights Monitoring Project were, from the left: Mr Edward Sambo (acting head of Pansalb), Prof Engela Pretorius (Vice-Dean of the Faculty of the Humanities at the UFS), Prof Theo du Plessis (Director: Unit for Language Management at the UFS) and Mr Vusi Ntlakana (head of the Free State provincial office of Pansalb).
Pansalb’s Language Rights Monitor Project launched at the UFS The Unit for Language Management at the University of the Free State (UFS), in collaboration with the Pan-South African Language Board (Pansalb), today launched the Language Rights Monitor Project on the Main Campus in Bloemfontein. In accordance with the Pansalb Act of 1995, Pansalb is responsible for the promotion and protection of language rights in South Africa, and is the chief funder of the project. The Language Rights Monitor Project was initiated in 2002 for a trial period of three years, with the aim of reporting to Pansalb, on an annual basis, on language-rights issues in South Africa, as reflected mainly in the printed media. Since then, three reports have already appeared, covering various aspects relating to language rights, including, inter alia, language-rights complaints, language-rights issues, language litigation, as well as research on language rights in South Africa. Profs Johan Lubbe and Theo du Plessis, as well as Dr Elbie Truter, all associated to the UFS, were responsible for the compilation of the first three reports. During 2006, Pansalb decided to establish the project for an unspecified period of time at the Unit for Language Management at the UFS. It is precisely for this reason that the project is being launched. The South African Language Rights Monitor will henceforth appear annually as a prestige publication of Pansalb, compiled by staff associated with the Unit. However, Pansalb has also decided to further consolidate the project, as a result of the need for a more immediate report, as well as the need to include records drawn from newspapers published in the African languages. It was therefore decided that, as from September 2006, a monthly South African Language Rights Bulletin would also be launched. Such a bulletin would provide an overview, on a monthly basis, of developments in South Africa concerning language rights, and would enable Pansalb to become more actively involved in crisis situations in which mediation is urgently needed. Two monthly bulletins have already appeared, and were favourably received by Pansalb. During the launch of the project, this bulletin was also introduced to the public for the first time. With the official launch of Pansalb’s Language Rights Monitor project in the Free State, emphasis will be placed on the leading role played by this province, and more specifically by the UFS, in the development and implementation of a multilingual policy. In future, more information on the situation regarding language-rights issues in South Africa will be made available from Bloemfontein, for the benefit of South Africa’s language-rights watchdog, Pansalb, but also for the benefit of other institutions involved in language-rights issues. A constructive contribution will thus be rendered to the cultivation of language justice, an important element of the democratisation process in South Africa. Issued by: Prof Theo du Plessis Unit for Language Management, UFS Media release Issued by: Lacea Loader Media Representative Tel: (051) 401-2584 Cell: 083 645 2454 E-mail: loaderl.stg@mail.uovs.ac.za 24 January 2007

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