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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 releases draft charter to accelerate transformation

2007-02-02

The University of the Free State (UFS) today released a draft Institutional Charter which is intended to enhance and accelerate the ongoing transformation of the institution towards a non-racial, non-sexist future.

Speaking at the official opening of the university today, the Rector and Vice-chancellor, Prof Frederick Fourie, said the draft Institutional Charter, was an important milestone in the transformation debate for the university and the country.

“The draft charter acknowledges that black people, women and people with disabilities have been marginalised from job and developmental opportunities, within the higher education sector and at this university,” Prof Fourie said.

The charter commits the university to meeting the challenges of a transforming higher education institution in a developing society, in particular the challenges of nation-building, reconciliation, redress, non-racialism and non-sexism – and ultimately normalisation – within a high-quality academic institution.

The principles of the draft charter firmly signal the university’s commitment to diversity – attaining and maintaining substantive and sufficient diversity (including multiculturalism and multilingualism) – in its quest for quality and excellence.
Prof Fourie said the draft charter seeks to build consensus among staff and students at the UFS about the ultimate goals of transformation at a higher education institution.

The charter proposes several basic values and principles that should guide the transformation process and at the same time serve as a basis for a future, normalised university - a promised land to transform towards.

The discussion document says academic quality is intrinsically linked to transformation and it commits the university to strengthening the core competencies of research, teaching and learning as well as community service so as to ensure a robust university for future generations.

“Indeed the thousands of matriculants, black and white, who apply to study at the UFS want to study at a good university, and a good university wants to attract the best black and white students and the best black and white staff, male and female,“ Prof Fourie said.

He said the draft charter also seeks to safeguard academic freedom and institutional autonomy as the foundation of critical inquiry and scholarship.

Regarding the critical issue of creating a new institutional culture, the draft charter commits the UFS to creating a sense of belonging for all members of the university – black and white, male and female, of whatever language, religious, cultural or economic background, as well as people with disabilities.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl@mail.uovs.ac.za
02 February 2007

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