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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

Contemporary Modes of Othering at UFS this May

2015-05-18

The Centre for Africa Studies at the UFS is hosting an interdisciplinary project on the Bloemfontein Campus from 20-22 May 2015.

The project, entitled Contemporary Modes of Othering: Its Perpetuation and Resistance, will look at different perspectives, representations, and art forms of otherness, how it is perceived, and how it is resisted.

The programme, which will run over three days, is as follows:

Wednesday 20 May at 19:00

Official Opening of Exhibition: ‘Representations of Otherness and Resistance’
Johannes Stegmann Art Gallery, Sasol Library
Opening: Prof Lucius Botes
Speaker: Ms Annali Dempsey, Curator UJ Art Gallery
Exhibition will run from 21 May to 19 June 2015

Thursday 21 May

10:00-11:00
Critical Dialogue: ‘Representations of Otherness and Resistance’
Johannes Stegmann Art Gallery (Facilitator: Prof. Gobodo-Madikizela)

11:30-13:00
Roundtable: ‘Music, Resistance, and the Residue of Race’
Odeion School of Music, Odeion Room 6

14:00-15:00
Seminar: ‘Reading the Past across Generations through the Image of the Hector Pieterson Iconic Photograph: Shaping of a New Consciousness’
Prof Gobodo-Madikizela, FGG 201

16:00-17:00
Seminar: Living Motswako, Centre for Africa Studies
President Steyn Annex Building, Committee Room (ground floor)

18:00-20:00
Africa Day Memorial Lecture ‘Youth Protests and Political Change in Africa’
Prof Alcinda Honwana, CR Swart Auditorium

Friday 22 May

10:00-11:00
Seminar: ‘Collectively Born (Un)free’, Prof. Steyn Kotze, FGG 201

11:00-11:30
Tea/Coffee Break, Scaena Foyer

11:30-12:30
Visual Presentation: ‘Linguistic Tokenism and Branding through Art in SA Advertising’
Prof Van Niekerk & Dr Conradie, Scaena Foyer

12:30-13:30
Performance: ‘Playland’
Scaena Teatre (Facilitator: Mr Willem Ellis)

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