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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

Kovsie community pledge to advance equality and eradicate racism

2015-04-15

Photo: Johan Roux

Photo Gallery
Speech by JC van der Merwe

On Monday 13 April 2015, the University of the Free State drew a line in history. Staff and students united in a singular vision: equality.

Since March 2015, the Institute for Reconciliation and Social Justice, together with the SRC, has launched the No-to-Racism/Yes-to-Equality Campaign across all three campuses with tremendous success. This campaign has now reached a high point at which the Kovsie community pledge their commitment to entrenching a culture of equality at the university. The first pledge ceremony took place on 13 April 2015 at the Bloemfontein Campus. Kovsies thronged to place their inked thumbprints on pledge posters in an inspirational show of solidarity.

“The key to transformation,” Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS, said, “is putting yourself in the shoes of the other person.” When you look past yourself and acknowledge others’ experiences, the world starts to look different. A pledge, Prof Jansen continued, is a solemn promise – not only to stop bad behaviour, but to go forward resolutely with good behaviour. “You do not change a campus, you do not change a country, without being courageous,” Prof Jansen said.

The message from Mosa Leteane, President of the Student Representative Council (SRC), echoed the same belief. “Today,” Leteane said, “the UFS takes a bold and courageous step toward equality.” This new generation, which includes young people from all races, has started a new revolution. A generation that says no to discrimination and yes to equality. “We cannot afford to be ignorant or indifferent,” Leteane urged.

The remaining two campuses will also have an opportunity to publically pledge their support on the following days:
Qwaqwa Campus: Wednesday 15 April 2015
South Campus: Friday 17 April 2015

To enable the university to go beyond dialogues and consultation towards active decision-making, a University Assembly will be held on Tuesday 28 April 2015. The assembly will serve as a space for critical engagement among all university stakeholders to focus on issues such as symbols, policies, practices, and curriculum. Staff and students are encouraged to submit matters for discussion to JC van der Merwe (vdmjc@ufs.ac.za) before 22 April 2015.

The No-to-Racism/Yes-to-Equality Campaign is aligned with the declaration made by the UFS Council in November 2014, in which it states that “the Council of the University of the Free State believes very strongly in the human dignity, equality, and freedom of all people.”

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