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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

Kovsies raise their voices to say no to racism – and yes to equality

2015-03-13

SRC President, Mosa Leteane
Photo: Hannes Pieterse

Launch of the No-to-Racism/Yes-to-Equality Campaign : Video

In support of National Human Rights Month, the UFS has launched the No-to-Racism/Yes-to-Equality Campaign. Through this campaign, the entire UFS community reaffirms its commitment to equality, respect, democracy, social justice, humanity, dignity, human rights, and diversity.

The first leg of the campaign, No-to-Racism, was launched at the Qwaqwa, Bloemfontein and South Campuses during the past month. “Look in the mirror tonight and have a discussion with yourself,” Prof Jonathan Jansen, Vice Chancellor and Rector of the UFS, said during the launch at the Bloemfontein Campus. “Ask yourself to what extent can I truly say, ‘I am dealing with my racism, my bigotry, my ethnicism, my homophobia, my xenophobia? Am I truly dealing with those in my life?’”

Through the No-to-Racism Campaign, staff and students are encouraged to take a public stand against not only racism, but also homophobia, sexism, ableism, xenophobia, classism, ethnicism, ageism, and all forms of intolerance and othering.

The start of No-to-Racism will closely be followed by the Yes-to-Equality Campaign, which will be launched on 1 April 2015.

SRC President, Mosa Leteane, urged the Kovsie community to make South Africa work. “We say ‘no’ because we want to say ‘yes’. Fix your ‘no’ so that your ‘yes’ is clear, it’s equal, it’s honest. That is what ‘yes’ looks like.”

The campaign is also aligned with the declaration made by the UFS Council in November 2014 in which it was stated that “the Council of the University of the Free State believes very strongly in the human dignity, equality, and freedom of all people. Accordingly, the Council reaffirms its abhorrence of acts of racism, sexism, and unfair discrimination of any kind or in any form”.
The No-to Racism/Yes-to-Equality Campaign is an initiative of the Institute for Reconciliation and Social Justice, together with the SRC.

Important dates:
1 April 2015: Launch of Yes-to-Equality Campaign on the Qwaqwa and Bloemfontein Campuses
13 April 2015: Pledge of the UFS community at 12:45 on the Red Square, Bloemfontein Campus

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

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