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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

Music programme receives a boost

2004-08-20

Back standing fltr: Mr Peter Guy - Founder and coordinator: Mangaung String Program and snr lecturer at the Musicon; Mrs Francine Duvenage, Manager: Human Resources, Wesbank. Middle fltr: Prof Frederick Fourie, Rector and Vice-Chancellor of the UFS; Mr Apie Otto, Area Manager: Vehicles, Wesbank Free State and Northern Cape. Front fltr: Mr John Minaar (17), Gr 12 Sand du Plessis Secondary School; Repiloe Olifant (14) Gr 10 Navalsig Secondary School; Moeketsi Khang (16) Gr 11 Tsoseletso Secondary School; Stella Benbooi (12) Gr 7 Bochabela Primary School.

The Mangaung String Programme, a partnership between the University of the Free State (UFS) and the Free State Musicon, an institution that falls under the auspices of the Free State Department of Sport, Arts, Culture, Science and Technology, has recently received heartened encouragement when an amount of R342 000,00 was granted to the programme by the Wesbank/First Rand Foundation for the purchasing of a bus.

“Transporting the children who are part of the programme back and forth for tuition and rehearsals has been a major problem as most of them stay in the townships on the outskirts of Bloemfontein ,” said Mr Peter Guy, founder and coordinator of the programme.

“The bus will ensure that those children who have the passion, dedication and commitment can spend every afternoon if they so choose practicing, learning about music and rehearsing with children from all over Bloemfontein,” said Mr Guy.

Mr Guy, a Senior Lecturer at the Musicon, started the programme in 1998 with funding from the Musicon Parents Teachers Association, initially with 15 pupils - today 150 children participate in the programme. In 2002 the UFS formed a partnership with the Free State Musicon in the provisioning of facilities, tuition and musical instruments. “Since the involvement of the UFS, the programme has almost tripled in size and one

fulltime teaching position is now jointly funded by both institutions,” said Mr Guy.

According to Mr Guy the Free State Symphony Orchestra has committed itself to providing opportunities for gifted young players from all backgrounds to perform, develop their talents and to grow musically. Some of the children of the Mangaung String Programme will soon be joining the Free State Symphony Concert in concerts.

Media Release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
19 August 2004

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