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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

Co-architect of peace and reconciliation in Northern Ireland to present Annual Reconciliation Lecture today

2015-03-03

Colm McGivern, Director of the British Council in South Africa

To emphasise the University of the Free State’s Human Project, the UFS has positioned itself as an institution that is recognised across the world not only for excellence in academic achievement, but also in human reconciliation. The Annual Reconciliation Lecture, whose organising committee is chaired by Prof Pumla Gobodo-Madikizela, is a unique and major initiative to enhance this important vision of our university.

This year, Colm McGivern, Director of the British Council in South Africa, will present the Fourth Annual Reconciliation Lecture at the Centenary Hall on Thursday 5 March 2015.

Colm McGivern was brought up in Northern Ireland at the height of the conflict that has come to be known as the ‘Troubles.’ His early experiences of conflict, sectarianism, and living in a divided society have driven his career, and his personal commitment to peace-building and promoting reconciliation. He was a student leader at Queen’s University in Belfast during the time of the first IRA Ceasefires in the 1990s, and then worked in the Higher and Further Education sectors, and at a community level with peace-building groups across Northern Ireland and internationally. He was Director of the British Council in Northern Ireland for four years and, in that role, facilitated discussions between divided communities before and during the Ceasefires and Peace Process, with a particular focus on bringing young people together across Ireland.

In his role as Director of the British Council, McGivern has created thousands of cultural and educational connections between the UK and SA. Every year, he ensures that young South Africans can get access to educational and cultural opportunities that are life-changing while deepening their connection with the UK.

A highlight of this year’s lecture will be a performance by musicians from the Odeion School of Music, Tumi Ntantiso (soprano), Bertha Menyatso (mezzo-soprano), Malefetsane Mofokeng (baritone), and Cezarre Strydom (piano). They will be performing works from ‘Tales of Hoffmann’ by Jacques Offenbach, among others.

Members of the public and media are welcome.

RSVP: Jo-Anne Naidoo, e-mail: Naidooja@ufs.ac.za

Date: Thursday 5 March 2015
Time: 17:30 (please be seated by 17:15)
Venue: Centenary Complex, Bloemfontein Campus

The event will be streamed live on: http://livestream.ufs.ac.za/

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