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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

Meet the person behind the title – your new FaceOfFacebook

2015-04-29

Kovsies #FaceOfFacebook was born three years ago out of a need to engage with students, and become a virtual friend. Auditions are held every year to choose the new ‘face’ representing the UFS on Facebook. The successful candidate holds the title as #FaceOfFacebook for the next 12 months, attending events, and filming short video clips to post on our Facebook page.

The votes have been counted, and we have a winner. After much excitement and a close contest, Nompumelelo Maseko (whose name, fittingly, means ‘success’) emerged victorious from the top six contestants selected by our panel of judges. We sat down with the soft-spoken Mpumi – as her friends call her – to get a sense of the person who will be our ambassador for the next year.

What is your field of study, and how far along are you?

I am studying for a BSc degree in Genetics, and I’m currently in my second year. I have a particular interest in the forensic sciences, which fascinate me!

Are you originally from Bloemfontein?

No, I am originally from Pretoria.

How is it that you ended up here, studying at the UFS?

Before leaving school, I applied to various universities, but my desires and ambitions brought me here.

How do you find your residence?

Akasia ladies are big on sisterhood, very supportive. Res life is very enjoyable.

What do you hope to accomplish during your term as the #FaceOfFacebook?

I would like to help people become aware of what is taking place on campus. There are many opportunities to be more engaged with what is happening at the varsity. For instance, there are still many people who don’t really know what the #FaceOfFacebook is, and I would like to help inform them about it.

What is your motivation in your studies, in taking part in this contest, and in life?

I am intrigued by the function of life forms, the differences that exist at a cellular level.
For this competition, I fed off my love of people, even though I am shy. I also enjoy presenting.

I have my parents to thank as my motivation, as well as meeting and engaging with people. I find that I achieve a broader perspective when I don’t restrict myself to my own opinions, but strive to be open to differing views.

Nompumelelo will be appearing in one of her first Facebook videos shortly, so be sure to keep an eye on our Facebook page.

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