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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

Food insecurity should not stand in the way of education

2015-06-11

Every year, hundreds of students drop out of university due to financial difficulties – only to return to dire financial circumstances. It is only a few who manage to secure a bursary to fund their studies. These bursaries often pay only for academic and residential expenses, leaving students without additional funding for food.

The University of the Free State realized that up to 60% of its students were food insecure. Many of these students admitted to having to work after class to buy food or having to beg from friends. In 2011, the UFS launched the No Student Hungry Bursary Programme (NSH), which provides modest food bursaries to food insecure students. Currently, 130 students receive food bursaries from the programme to ensure they have one less thing to worry about while they are studying.

This year, at our Autumn Graduation Ceremony, six beneficiaries of the NSH Bursary Programme, received their degrees – an achievement all them feel they could not have reached was it not for the support by NSH.

For Tshililo Nethengwe, accounting student from Venda, her first year at university in 2012 was a daily battle. Although her parents managed to pay her study and accommodation fees, the meager monthly food allowance her parents could afford was not enough to last her the month.

“Every morning I used to tell myself not to think about food because I am here to study. Somehow, I still managed to get something to eat – even if it was just a few slices of bread a day. I was very determined to succeed in my studies, and NSH took away the burden of needing to ‘hustle’ and beg for food.”

Tshililo was one of six NSH recipients who received their degrees and is now doing her honours in B.Com Accounting.

“The NSH Bursary Programme invests in potential, and supports academic achievers who come from challenging backgrounds,” explains Vicky Simpson, co-ordinator of NSH.

“We promote the success of undergraduate students, enabling them to focus on their studies and not on where their next meal will come from. Successful graduates will have a positive and direct impact on our economy, different communities, and many households.”

The NSH food bursary is awarded to students on the basis of financial need, academic excellence, and the commitment to serve the community. We have helped more than 500 students since 2011, when Prof Jonathan Jansen, Vice-Chancellor and Rector, started NSH.

“These students share amazing stories that inspire us. Many had to endure hardship, but they managed to persevere, worked hard, and made it to university. The ability to buy a meal makes an enormous difference.”

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